More results...

Generic selectors
Exact matches only
Search in title
Search in content
Post Type Selectors
Filter by Categories
Allocation
ASB
Assured Shorthold tenancy
assured-tenancy
Benefits and care
Deposits
Disrepair
Homeless
Housing Conditions
Housing law - All
Introductory and Demoted tenancies
Leasehold and shared ownership
Licences and occupiers
Mortgage possession
Nuisance
Possession
Regulation and planning
right-to-buy
secure-tenancy
Succession
Trusts and Estoppel
Unlawful eviction and harassment

Spencer v Taylor – section 21 news

24/07/2014

The Appellant tenant in Spencer v Taylor [2013] EWCA Civ 1600 (our note here) has had permission to appeal to the Supreme Court refused, on the grounds that it did not raise an arguable point of law.

This means that the Court of Appeal decision stands. Where an assured shorthold tenancy has had a fixed term and a statutory periodic tenancy has arisen, there is no requirement to use a s.21(4)(a) notice, or have a date of expiry at the end of a period of the tenancy. A section 21(1)(b) notice with two clear months notice is adequate.

Where a tenancy was periodic from the start, or where the tenancy provides for an initial fixed term, then a periodic tenancy thereafter (a contractual periodic) a s.21(4)(a) notice will still be required, I believe.

We should have a more detailed post on Spencer v Taylor coming along in a few days, as there was much about the Court of Appeal judgment that didn’t make a great deal of sense on first reading, but does with background.

Share on Bluesky

Giles Peaker is a solicitor and partner in the Housing and Public Law team at Anthony Gold Solicitors in South London. You can find him on Linkedin and on Bluesky. (No longer on Twitter). Known as NL round these parts.

3 Comments

  1. JS

    I look forward to reading this background ! I shall take a great deal of convincing !!!

    Reply
  2. David

    This makes a mockery of S21

    There were clear legally defined sections for both (s.21(1)(b) & s.21(4)(a)

    I hope they can appeal to European Court or use part of the Human Rights act to reverse this.

    Reply
    • Giles Peaker

      Not sure that convention rights would apply on this issue, I’m afraid.

      Reply

Trackbacks/Pingbacks

  1. News – housing law practitioners association - […] Spencer v Taylor – section 21 news […]
  2. Spencer v Taylor update – Supreme Court refuse leave to appeal | Coventry View - […] doubt there will be more detail and analysis from the usual sources - Nearly Legal has promised an extended…
  3. Spencer v Taylor Section 21 Notices Final Thoughts | GRL Landlord Association - […] below decision can be considered good law because as reported on 24 July 2014, permission to the Supreme Court…
  4. my LL shouldn't evict my downstairs neighbour | Mumsnet Discussion - […] Not a problem at all, always happy to advise.Providing your neighbour has had a fixed term tenancy which has…

Leave a Reply (We can't offer advice on individual issues)

This site uses Akismet to reduce spam. Learn how your comment data is processed.