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bushbaby
18-02-2007, 21:29 PM
A simple question I have had conflicting anwers on.Would a 6 months term inclusive be from ,for example, 10th January to 10th July or to the 9th July? In other words is the 10th Jan to 10th July actually 6 months and a day?

MrShed
18-02-2007, 21:34 PM
Easier to think of it this way:

6 months is from 1st January to 30th June. This is clearly 6 full months. Therefore, your second example is correct - IMO.

Ericthelobster
18-02-2007, 22:13 PM
That's why it's far better for any agreement to specify the actual start and finish dates (and times of day if necessary) rather than stating "...ends after 6 months..." etc.

Poppy
19-02-2007, 15:01 PM
A year is twelve calendar months. Few examples:

starting on and including 1 January and ending on and including 31 December.
starting on and including 1 March and ending on and including 28 February (or 29 February in leap years)
starting on and including 19 February and ending on and including 18 February.

Six months means six calendar months.


So using your example starting on and including 10 January and ending on and including 9 July.

Let the above sink in.

jeffrey
19-02-2007, 15:08 PM
A year is twelve calendar months. Few examples:

starting on and including 1 January and ending on and including 31 December.
starting on and including 1 March and ending on and including 28 February (or 29 February in leap years)
starting on and including 19 February and ending on and including 18 February.

Six months means six calendar months.


So using your example starting on and including 10 January and ending on and including 9 July.

Let the above sink in.

...as stated in s.61(a) of Law of Property Act 1925. This applies to all post-1925 deeds, contracts, wills, orders, and other instruments [tuba?]- unless the context otherwise requires (eg if contract defines "month" as meaning a four-week period).

bushbaby
19-02-2007, 21:59 PM
Many thanks to all responses to above and yes poppy the answers are sinking in!


A year is twelve calendar months. Few examples:

starting on and including 1 January and ending on and including 31 December.
starting on and including 1 March and ending on and including 28 February (or 29 February in leap years)
starting on and including 19 February and ending on and including 18 February.

Six months means six calendar months.


So using your example starting on and including 10 January and ending on and including 9 July.

Let the above sink in.

PaulF
19-02-2007, 22:53 PM
Ah! You think you've cracked it, but maybe not.

If a tenant is entitled by law to a minimum six months tenancy then you should state calendar month otherwise it could be construed as a lunar month or some other daft period. It's only for the sake of accuracy, but moving on..............

The point I'm making is that a tenant is entitled to the full period of 6 or 12 months whatever the fixed term is, so 1st of month 1 to 30th/31st of month 6 is NOT strictly speaking a full 6 calendar months term unless the tenant has the keys at midnight on 30/31 (immediate last day of month previous) the day he is due to move in. Of course this doesn't happen and the earliest time of the day would normally be 9.00 am for instance on 1st, but it could be 6.00 pm. The tenant could legally enforce the whole six months and not move until say 6.00 pm on 1st day of the month of month 7.

I therefore write all my intitial fixed terms from 1st month 1 to 1st month 7 both dates being inclusive, but you have to remember that if the tenancy goes periodic then month 7 begins on 2nd of the month and ends on 1st of the following month (the very reason that S.21 should state "after" the last day of a period - yes?). In effect the landlord loses a day but the tenant gets the full term as stated in law to which he is entitled.