21 April 2022

The impact of Croydon LBC v Kalonga on fixed-term tenancies: Sarah Heatley speaks to Property Week

Property Litigation Senior Associate, Sarah Heatley, has written for Property Week on the recent judgement handed down by the Supreme Court in Croydon LBC v Kalonga [2022] UKSC and the impact this will have on fixed-term secure tenancies.

Until the Localism Act 2011 came into force, it was relatively straightforward for landlords to obtain possession of their properties (subject to serving the correct notice period and agreement by the courts). The Act and the advent of flexible tenancies changed this, making it unclear how possession could be obtained during the fixed term (usually of at least two years).

In the case of Kalonga, the Supreme Court held that there are two ways of doing so – via a break clause or a forfeiture clause in the tenancy contract – without which, the tenancy would continue until the end of the fixed term.

Heatley says: “The clarity by the Supreme Court on this matter will surely be welcomed by landlords and tenants alike.”

The article was first published on Property Week on 13 April 2022 and is available to read here, behind the paywall.

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