Q&As

If a landlord cannot be certain of the date on which an implied annual periodic commenced (and therefore, cannot precisely determine the end date for the notice to quit), how can the landlord terminate the tenancy?

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Produced in partnership with Alexander Campbell of Field Court Chambers
Published on LexisPSL on 27/03/2018

The following Property Q&A produced in partnership with Alexander Campbell of Field Court Chambers provides comprehensive and up to date legal information covering:

  • If a landlord cannot be certain of the date on which an implied annual periodic commenced (and therefore, cannot precisely determine the end date for the notice to quit), how can the landlord terminate the tenancy?
  • Expiry dates for notices to quit
  • Saving clauses
  • Multiple notices
  • Tenant waiving short notice
  • Surrender

If a landlord cannot be certain of the date on which an implied annual periodic commenced (and therefore, cannot precisely determine the end date for the notice to quit), how can the landlord terminate the tenancy?

Expiry dates for notices to quit

For a yearly tenancy at common law the requisite notice period for a notice to quit is half a year (Parker d. Walker v Constable (1769) 3 Wils. K.B. 25 (not reported by LexisNexis®); Doe d. Clarke v. Smaridge (1845) 7 Q.B. 957 (not reported by LexisNexis®); Doe d. Plumer v. Mainby (1847) 10 Q.B, 473) (not reported by LexisNexis®).

A valid notice to quit must expire either on the last day of a period or the first day of a period Crate v Miller.

See Practice Note: Break clauses and notices—exercising breaks and conditions precedent.

Saving clauses

Where the landlord is uncertain of the last day or, as in most cases, the landlord simply wants to protect themselves in case they have inadvertently made an error in calculating the date of expiry of the notice to quit, the landlord can include a saving

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