5. How to count the notifying period of tenancy termination? If it is specified a one-month notice period, does it count from the day of notification? Or does it count from the 1st day of the next rental month?
The computation of the notice period shall be based on the terms of tenancy agreement.
If the tenancy is for a fixed term with no break clause, neither the landlord nor the tenant has the right to early terminate the tenancy. The term of the tenancy expires automatically by effluxion of time. It is not necessary to give notice to quit.
If the tenancy agreement has a break clause allowing either the landlord or the tenant to give notice to terminate earlier than the end of the term, then the date when the notice is served is normally excluded when calculating the notice period.
In the case of a yearly tenancy, the common law rule is that it can be terminated by at least a half year’s notice expiring at the end of a yearly period, unless the parties have otherwise agreed.
For other periodic tenancies, that is, a weekly, monthly or quarterly tenancy, the general rule is the notice period is the same as one full period of the tenancy, unless the parties have otherwise agreed.
The notice to quit shall, unless the contrary intention is expressed, be in writing and must be served in the form and manner prescribed in section 62 of the Conveyancing and Property Ordinance (Cap. 219).
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