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. ...