000			01920cam a2200229 4500
001			ABS65172
008			020304n2002 000 0 eng u
035			_a(Sirsi) u116967
245			_aLeadenhall Residential 2 Ltd v Stirling
260			_c2002
490			_aWeekly Law Reports _v[2002] 1 WLR 499-516(18)
520			_aCA 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.
590			_aABS
650			_aLEADENHALL RESIDENTIAL 2 LTD V STIRLING
650			_aNON-PAYMENT OF RENT
650			_aPOSSESSION ORDER
650			_aLANDLORD AND TENANT ACT 1988
650			_aASSURED SHORTHOLD TENANCIES
650			_aSTATUTORY PERIODIC TENANCIES
690			_aLANDLORD AND TENANT-RESIDENTIAL TENANCIES-CASE LAW
942			_n0
999			_c69672 _d69672