Notice to quit

Question 1

What is it

Answer 1

Normally, periodic tenancies ‘roll on’ if not ended.
Giving notice to quit prevents the growth of a periodic tenancy at the end of its current period. The length of notice required to terminate prima facie depends on the reference period of the tenancy. So a monthly tenancy requires a month’s notice, in all cases the notice must expire at the end of a reference period. If have a monthly tenancy which commences of first day of the month, any notice to quit must expire on the last day of the month.

Question 2

What are exceptions to the length required -

Answer 2

• . Exceptions, at common law a yearly tenancy only requires 6 months’ notice, but it must expire at the end of the year of the tenancy.
• If residential then even if the tenancy is a weekly one, the landlord is required by landlord and tenant legislation to give four week’s notice in writing and the notice must include certain prescribed information assuring the tenant that they cannot be evicted against their will without court proceedings.

Question 3

What is the true theoretical analysis

Answer 3

• The true theoretical analysis is that a periodic tenancy only continues for another period because all the parties consent to it continuing. In practice, this will be inferred from the omission of any notice to quit.