Can the L of residential premises let on an assured shorthold commence possession proceedings during the currency of the two-month s21 notice, or must they wait until it has expired? The conventional answer is that L must wait until the notice has expired, because of Lower Street Properties [1996]. 


However, an article in the SJ argues that Lower Street Properties was wrongly decided, and in any event only applies when the s21 notice specifically states that proceedings would not be commenced within the two-month period. The contention is that there is nothing in HA 1988 or in the CPR to prohibit the commencement proceedings before the expiry of the s21 notice, and that Lower Street Properties would not withstand challenge. For the full arguments see [2010] SJ 16 November 15.