Judge rejecting S21 served in fixed term citing Superstrike v Rodrigues

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AW_401
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Hi, Can anyone help? Have had judge call a hearing to reject a Section 21(1)b that had been served in fixed term with claim for possession served once tenancy had become a periodic. Comments from court are as follows:

"Upon the matter being considered by the Court under the accelerated possession procedure

And Upon it appearing to the Court that when the tenancy changed from a fixed term assured shorthold tenancy to an assured periodic tenancy a new tenancy was created pursuant to the principles set out in "Superstrike - v - Rodrigues" and the Section 21 Notice was served in relation to the fixed term assured shorthold tenancy."

Not too sure what argument to use. Any advice appreciated.
15/10/2015 16:28

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