The Court of Appeal decision in Spencer v Taylor has excited some interest in the Private Rented Sector. Briefly the case held that where a fixed term tenancy had existed a s21(1)(b) notice could be used to bring it to an end, even in a periodic tenancy. You can read more about this in our previous post.

However, the tenant has now sought permisison to appeal the decision of the Court of Appeal to the Supreme Court. David Smith of Anthony Gold Solicitors (with James Browne of Lamb Chambers) has been instructed for the landlord to resist the application and contest any appeal that results for the landlord.

For agents and landlords this means that they should continue to use the old-style s21(4)(a) process until such time as the Supreme Court makes a decision in order to protect their position.