Bedding v McCarthy (1995)

In 1990 the tenant entered into an assured shorthold tenancy for a term of 6 months. The notice of assured shorthold tenancy was given to the tenant on the morning of 18th December 1990, and the tenancy agreement was signed that afternoon. The tenant also went into possession that afternoon.
The tenant contended that it could only be an assured shorthold tenancy if the term of the tenancy included the whole of that day, otherwise it was not a tenancy of ‘not less than six months’ within the meaning of the Housing Act 19988 s. 20 because the tenancy was only granted part way through the day. Alternatively, the tenant argued that if the tenancy was deemed to date back to the beginning of 18th December, the notice was not served before ‘the tenancy was entered into’ in accordance with section 20.

HELD: The Court of Appeal made two important rulings with regard to tenancies under the Housing Act 1988. 
Firstly, that in ascertaining a period of time, no regard is paid to fractions of a day. Thus an assured shorthold tenancy of exactly six months is regarded as complete even though a tenant was only granted possession part way through the first day.
Secondly, the requirements of s20 are fulfilled if the notice is served on the commencement date of the tenancy provided that it is served before the tenancy is entered into (i.e. before the tenancy agreement is signed).

Citation: Bedding v McCarthy (1995) 27 HLR 103