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 Cornerstone Barristers
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 ³ÉÈËÓ°Òô®); Doe d. Clarke v. Smaridge (1845) 7 Q.B. 957 (not reported by ³ÉÈËÓ°Òô®); Doe d. Plumer v. Mainby (1847) 10 Q.B, 473) (not reported by ³ÉÈËÓ°Òô®).

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

Alexander Campbell
Alexander Campbell

Barrister, Cornerstone Barristers

Alex is a skilful and experienced barrister whose practice primarily spans issues of public law and property law. Alex’s experience of complex public law issues including human rights, equality issues makes him extremely well-placed to assist clients in litigation across the many fields of law in which these issues arise.

Alex has been praised by judges as an 'excellent’ advocate, for his ‘forensic precision’ in approaching cases and has been described as ‘an expert’ in his fields of practice. He is well-liked by clients for his approachable manner and for his ability to bring clarity to complex cases. He is ranked in Chambers and Partners 2018 and is described as a ‘rising junior with a growing reputation’.

Alex was called to the Bar after an exceptionally strong academic background. Alex holds a law degree from Trinity College, Cambridge and was awarded multiple prizes for his academic performance whilst there. He holds a Master’s degree in French Law from France’s most prestigious law school, l’Université de Paris II – Panthéon-Assas, and a Master’s degree with distinction in public law and human rights from University College London. Alex has been the recipient of a prestigious Pegasus Scholarship under which he spent time working as a barrister in Paris.

Alex writes regularly in legal publications in his areas of practice online, in journals and books.

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Key definition:
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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