Notice to quit brings tenancy to an end at midnight on the last day of the period

Crate v Miller ([1947] K.B. 946, CA (Eng)) concerned a weekly tenancy that began on a Saturday. The landlord served notice to quit on 5th July to expire on Friday 19th July. The question was whether this was valid or whether the notice should have brought the lease to an end on the Saturday. It was held that the notice was valid. Somervell L.J. approved Sidebotham v Holland which he saw as authority for the view that a periodic tenancy must be brought to an end at midnight on the last day of the term (948).

The notice in this case used the formula suggested by A.L. Smith L.J. in Sidebotham v Holland ‘or at the end of the next complete week of your tenancy from the date hereof’. If applied in this case, it would have resulted in insufficient notice having been given. The point had not been taken, however.

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