I cam across this short reminder on calculating a calendar month via http://www.Lexography.com ( a daily round up of little gems).

Its a Leap Year this year and so some important points to remember:

  • you must look at a calendar – do not simply count days
  • move forward to the date with the same number in the next month
  • if there is no corresponding day in the next month, it will be the last day of that month.

So for example, a period of a month beginning on 28, 29, 30 or 31 January will terminate on 28 February, or, in a leap year, on 29 February.  It can never extend into the next month.

Correct calculation of “calendar month” is important in many areas but particularly for service of notices affecting land and property.

I am currently instructed in forfeiture proceedings in relation to an Agricultural Tenancies Act matter. Under the terms of the lease, the landlord is obliged to give one month’s written notice of intention to effect forfeiture. This is one calendar month.

First time around this didn’t happen and so the application for forfeiture had to withdrawn with all attendant costs being paid by the landlord.

The article (with credits to its author) is here: A leap in the dark – Lexology.