We have noted before the problem with how you terminate a flexible tenancy (see here) and the arguments about how the law of forfeiture applies. Despite there being several thousand of these tenancies in England, the forfeiture problem has yet to receive consideration by a higher court. That is about to change. HHJ Bailey (Central London CC) has just sent Croydon v Kalonga D03CR038 to the High Court for a trial on the very issue. So, we’ll have a proper answer this year (hopefully).
Kudos to Anneli Robins and GT Stewart for pushing this case and this issue.
I think it’s useful to know that by some point this year, we will have an answer on how flexible tenancy forfeiture works as like stated in this post, considering the amount of flexible tenancies in the country, this is such a grey area and thus, can complicate many people’s lives by not knowing where they stand in their tenancy agreements.
‘This year’ may be optimistic.