Leggatt LJ said: ‘In my judgment, a valid 12 months’ notice in writing to determine the tenancy from year to year, commencing on September 29 1968, may, if given in time, specify either September 28 or 29 in a subsequent year as the date for delivery of possession because the tenancy would be construed as ending on the last moment of the 28th or on the first moment of the 29th.’ However Roch LJ said: ‘A 12 months’ notice will mean a 12 months’ notice to quit and will remain a 12 months’ notice to quit whether it is expressed to end on September 28 – in which case it will take effect at the last moment of September 28 – or whether it is expressed to take effect on September 29, when it would take effect on the first moment of that day.’
Judges:
Leggatt LJ, Roch LJ
Citations:
[1996] 1 EGLR 20
Jurisdiction:
England and Wales
Landlord and Tenant
Updated: 27 October 2022; Ref: scu.258395
