Month-to-month tenancy notice validity turns on pleadings and admitted tenancy month, not an unregistered agreement.

A month-to-month tenancy was governed by rent payable according to the English calendar month, so the termination notice had to be tested against the pleadings and admissions rather than an unregistered tenancy agreement. The tenant had admitted the monthly tenancy and did not dispute the pleaded basis for the tenancy month. The unregistered agreement could not override that admission. On that footing, service of notice on 15 January 2000 left a clear month ending with February 2000 and met the statutory requirement, so the notice validly determined the tenancy.

---

---

Issues: Whether the notice terminating the month-to-month tenancy was valid where the tenancy rent was payable according to the English calendar month and the termination notice was challenged as not expiring with the tenancy month.

Analysis: The tenancy was admitted to be a month-to-month tenancy at a monthly rent payable according to the English calendar month. The tenant did not dispute the pleaded position on the month of tenancy, and the validity of the notice was not challenged on the ground that it failed to conform to the tenancy month. In these circumstances, the notice had to be tested on the basis of the pleadings and admissions, not on the unregistered tenancy agreement alone. The unregistered agreement could not override the admitted pleading that rent was payable by the English calendar month. On that basis, service of notice on 15 January 2000 left a clear month ending with February 2000 and satisfied the statutory requirement.

Conclusion: The notice of termination was valid and effectively determined the tenancy in favour of the appellant.

---