So, you’re required to serve a notice on your landlord or your tenant. This could be a lease break option or rent review notice. Either one is a very important document and could be the difference to your receiving a higher rent or early termination of your occupation of the premises. The dangers of getting it wrong therefore come with cost.
So, to ensure you or your appointed professional get it right they are going to read the lease. But what do the legal definitions of the words imply? Here are the RPS guidance notes to help you;
‘By’ …….simply means the notice can be served up to 23.59hrs on the date the notice is to be served. So a notice to be served on 21 August can be served up to 23.59hrs on the 21 August. BUT NOT LATER.
‘From’……. The date specified will generally be excluded, so the notice can only be served from the start of the following day. Therefore notices that can be served from 21 August will valid if served from midnight between the 21/22 August. Similarly, if the term of a tenancy is expressed to be from 21 August it will generally be viewed as starting on 22 August.
‘Not less than / At least’…….When calculating the relevant period, the first and last days are excluded. Therefore, a notice ‘to be served not less than or at least 10 days after 7 August’ must be served on or after 18 August.
‘Within one year’………. Here the calendar year is used. A notice to be served within 1 year of 21 August 2011 can be served at or before 23.59hr on 21 August 2012, but not thereafter.
‘Within one month’……. When calculating the period for documents made or effective after 31 December 1925, the calendar month is used; a notice served within one month of 31 March 2010. Not later.
You can therefore see the importance of a well drafted lease that gives clarity to both parties as to what is to be done and when. It is essential that the parties to the agreement fully understand the meanings construed in the lease. At RPS we recommend that you seek professional advice when considering issuing any notice in relation to your lease and that the lease wording takes precedent.
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