CA 29 June 2001. In 1994 appellant tenant S was granted an assured tenancy for one year under the Housing Act 1988 on a flat at a monthly rent of £411.66.. S remained in possession on expiry of tenancy agreement. Landlord L commenced proceedings for possession which was granted but not enforced. as L accepted S's offer to pay the otustanding sum by monthly £100 instalments. The £4166 was paid regularly but the monthly £100 payments were sporadic. L increased the monthly rent to £433 in March 1998 with a further increase in 1999. In March 1999 L served a notice under the Landlord and Tenant Act 1988 s21(4)(a) for possession on the grounds that the flat had been let to S under an assured shorthold tenancy. District judge granted and CC upheld possession order. CA refused S's appeal on the grounds that the monthly £411.66 was not rent but mesne profits. The increase in the monthly payment introduced in 1998 had created an assured shorthold tenancy and the s21(4)(q) notice served under the1988 Act was valid and therefore L was entitled to possession. Appeal dismissed. Copy of full judgement available on http://porch.ccta.gov.uk/courtser/judgements.nsf/Search/74B058F61EF71F4880256A7D003F7A01?OpenDocument.