The appellant had been the landlord’s assured tenant for many years. He sometimes worked away from home, and in 2001 he was absent for six months. On his return the landlord offered an assured shorthold agreement. L now sought to issue a notice under section 21. T said that the earlier tenancy had continued, and the section 21 procedure was not available.
Held: The appeal failed. On the occasion in question T had ceased paying rent whilst absent. The judge had been entitled to take account of this. L had asked T if he proposed to return. There had not been an assured tenancy in existence immediately before the grant of the assured shorthold tenancy.
 EWCA Civ 1657
Housing Act 1988 21
England and Wales
Updated: 24 February 2021; Ref: scu.408800