Procedure & Time Limits: Whether housing authority can extend time periods for possession order review requests (Croydon London Borough Council v Kalonga – 2022)

Part of the wider litigation in the matter of Croydon London Borough Council v Kalonga [2022], the Court of Appeal considers a judicial review relating to the housing authority’s ability to accept late requests to review decisions in respect of possession orders.

The background

Our earlier report summarises the background of this case. The Supreme Court found that the forfeiture procedure had not been followed by the housing authority and dismissed the possession claim it brought against the tenant.

In the present case, R (Kalonga) v Croydon London Borough Council [2022], the housing authority had served notice on the tenant on 15^th April 2020 to state that the tenant would not be granted a new tenancy following the expiry of her flexible tenancy.

The tenant had 21 days within which to request a review of the decision, which expired on 6^th May. The tenant had been staying with family during the first pandemic lockdown, and only became aware of the notice on 9^th May. The tenant’s solicitor contacted the housing authority on 11^th May to request an extension of time and a review of the decision. On 20^th May, the housing authority replied to state that it did not have the power to grant an extension of time for requests to review a decision, but that even if it did have power, such an extension would not be granted.

The tenant brought a claim seeking a judicial review of the housing authority’s decision. At first instance, the Court found that the housing authority did not have the power to grant an extension of time. The tenant appealed to the Court of Appeal, where the court was asked to assess the powers of the housing authority to grant an extension of time.

The decision

The Court of Appeal found that the housing authority did not have the power to extend the time period within which a review request could be brought.

1. 107(E) of the Housing Act 1985 does not grant to the authority the power to extend time periods, nor is there any implied power to do so. The housing authority’s primary, and specific, powers were derived from the Housing Act, and more general ancillary powers contained at s.111 of the Local Government Act 1972 and s.1 of the Localism Act 2011, cannot be used to alter restrictions or primary powers. General powers will not take precedence over specific powers.

A request to review a decision by a housing authority not to grant a further tenancy following expiry of a flexible tenancy must be made within 21 days, and the housing authority does not have power to extend this time period.

Advice and action for landlords

This decision is of great importance in highlighting the need to comply with time periods and limitations set down in statute, in particular Housing Act provisions which allow tenants to seek review of decisions made by housing authorities but do not grant specific powers to a housing authority to extend the time limits stated. Requests must be made in time; where they are not, this is likely to be prejudicial to the tenant.