The Corresponding Date Rule

This rule has been well established since the 1800s. The corresponding date rule determines how long a calendar month is when serving notices. The main question is, if a 2-month notice is served on the last day of November (30th) to expire in January, should it expire on the last day of January, or should it expire one day earlier on 30 January? There are also similar problems when a notice is served or expires on the last day of February. The corresponding date rule was explained by the House of Lords in Dodds v Walker (1981) 42 P. & C.R. 131. Although this case relates to a notice served under section 29(3) Landlord and Tenant Act 1954 by the tenant of business premises requesting a new lease, the principles of the corresponding date rule apply to all notices served, including possession notices. In this case, the landlord served on the tenant a notice terminating the tenancy dated 29 September 1978 and served on 30 September 1978. The tenant had under section 29(3) "… not less than two nor more than four months after the giving of the landlord's notice …." to apply for a new lease. ...
Last Reviewed

View Related Handbook Page

Landlord Wants Tenant to Leave

A tenancy of someone's home, starting on or after 28 February 1997, will in most cases be an assured shorthold tenancy. Take advice early if there are any doubts about what type of tenancy is being terminated. The procedures for ending a tenancy are different, depending on the type of tenancy.

Tenant Wants to Leave

A periodic tenant intending to leave must provide a notice to quit in writing. The minimum notice period is four weeks (specified in section 5 of the Protection from Eviction Act 1977). The length of the notice should be at least the length of a rental period (subject to the four-week minimum rule and up to a maximum of six months). This will be a calendar month for a calendar monthly rental in most cases. Where the rent is quarterly, a quarter's notice is required, six-monthly or yearly requires six months' notice. The notice should always expire at the end of a rental payment period or the first day of a new period.