1 Yearly Tenancies
4.35 In the case of an annual periodic tenancy, the only protection afforded the tenant is given by s 6(1), which provides that a notice to quit the holding or part of the holding will be invalid unless
(a)it is in writing,
(b)it is to take effect at the end of a year of the tenancy, and
(c)it is given at least 12 months before the date on which it is to take effect.71 Provided the notice to quit complies with this minimum requirement as to length, it can be of any duration.
The parties could, for example, agree to apply a five-year notice period in an agreement for an annual tenancy.72 This would give the tenant the certainty that the tenancy would ‘roll on’ for a minimum of 5 years, and consequently introduce greater certainty into the parties’ financial planning. The tenant in this case would be in much the same position as a tenant with a 5-year fixed term agreement. If the applicable notice period is not specified in the tenancy agreement itself, notice of longer duration than the minimum 12 months could be given, and either party could then shorten it by serving shorter notice down to the minimum 12 months notice required by s 6.4.36 The notice to quit must also comply with the common law rules as to certainty:73 it must be clear to a reasonable tenant from the terms of the notice what property he is being required to give up, and from what date. The notice must be mandatory, and not permissive, and leave the tenant in no doubt that he is being required to give up possession. The courts take an objective approach to the construction of notices to quit, and will not strike down a notice for technical irregularities, provided always that they are of such a nature as not to leave the reasonable tenant in doubt as to what is being required of him. A notice to quit a periodic tenancy takes effect at midnight on the day before the anniversary of the tenancy.
Nevertheless, in Yeandle v Reigate BC74 the court of appeal held that a notice to quit a Michaelmas farm tenancy expressed to take effect on 28 September (instead of 29) was good, as a notice to quit an annual tenancy is deemed to take effect at either the last moment of the 28 or the first moment of the 29, and either date can therefore be specified. The notice to quit can therefore specify either the anniversary date of the tenancy or the day before, without being impugned for uncertainty. Similarly, the court will not impugn a notice to quit for technical irregularities in the description of the property to which it relates,75 especially if the facts and surrounding circumstances are known to both parties.76 It will suffice that a reasonable tenant, with the facts known to the parties, would realise what land he is being required to give up.77 This approach would appear to be consistent with that taken by the House of Lords in Mannai Investment Co.Ltd v Eagle Star Life Assurance Co.Ltd.78 to the construction of break clauses in a fixed term lease, and therefore unaffected by the ruling in the latter.4.37 Provided the notice to quit complies with the requirements of s 6, it will terminate the tenancy at the end of the year of tenancy specified. There is no statutory control of the operation of notices to quit, as under the Agricultural Holdings Act 1986, neither is the tenant afforded any additional security of tenure. The notice provisions apply to a fixed term tenancy which has continued on expiry as an annual periodic tenancy under the 1995 Act, in the same way as to an annual tenancy ab initio. This has already been considered.79
4.38 The minimum requirement of 12 months notice applies to notices to quit given by both landlord and tenant. There is no provision in the 1995 Act for shorter notice in relation to repossession of part of a holding (unlike the position obtaining under the Agricultural Holdings Act 1986).80 Note however, that a tenant who receives notice to quit part of a holding, from the owner of a severed part of the reversionary estate, is entitled to treat the notice as a notice to quit the whole holding. He can give a counter notice to the other owners of the reversionary estate, terminating the tenancy as to the whole holding, providing it is of one month’s duration ending on the same date as the original notice.81