R (on the application of Kilby) V Basildon DC [electronic resource]
R (on the application of Kilby) V Basildon DC [electronic resource]
- 2007
[2007] EWCA Civ 479, 14 February 2007. Considers whether a local authorities may lawfully bind itself by contract to subject its statutory power, to vary its tenancy agreements by notice, to the satisfaction of tenants or their representatives. K was a secure tenant in property belonging to the local authority (B). A clause in the standard contract stated that B could vary the terms of contract if this was agreed to at a special meeting in which 25% of tenants were represented. B wished to make changes to conditions of its tenancies including the removal of this clause, and consulted but did not seek this approval under the clause. The judge held that the clause was ineffective as it contradicted the Housing Act 1985 s102(1). K appealed on the grounds the judge had reached the wrong conclusion. "Held": The Housing Act 1985 s21 provided B with unilateral powers to alter tenancies, and the clause within those tenancies was incompatible with those powers. It effectively fettered statutory powers. B was not able to give up its unilateral power of variation.
R V BASILDON DC
HOUSING ACT 1985 S21
HOUSING ACT 1985 S102(1)
England and Wales--1543-
[2007] EWCA Civ 479, 14 February 2007. Considers whether a local authorities may lawfully bind itself by contract to subject its statutory power, to vary its tenancy agreements by notice, to the satisfaction of tenants or their representatives. K was a secure tenant in property belonging to the local authority (B). A clause in the standard contract stated that B could vary the terms of contract if this was agreed to at a special meeting in which 25% of tenants were represented. B wished to make changes to conditions of its tenancies including the removal of this clause, and consulted but did not seek this approval under the clause. The judge held that the clause was ineffective as it contradicted the Housing Act 1985 s102(1). K appealed on the grounds the judge had reached the wrong conclusion. "Held": The Housing Act 1985 s21 provided B with unilateral powers to alter tenancies, and the clause within those tenancies was incompatible with those powers. It effectively fettered statutory powers. B was not able to give up its unilateral power of variation.
R V BASILDON DC
HOUSING ACT 1985 S21
HOUSING ACT 1985 S102(1)
England and Wales--1543-