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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Published on: 27 March 2018
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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

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Common law definition
What does Common law mean?

Common law is case law (decisions from courts and tribunals). Case law has also established and developed many principles of law and equity not covered by legislation. Case law is therefore a key source of primary law.

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