Obliga · guide

Notice periods: the deadline that is not written on your contract

A notice period is the amount of warning you have to give if you do not want a contract to continue. It sounds like a small administrative detail. It is the single most expensive clause in most agreements, because of what it quietly does to your calendar.

It turns one date into two

Your contract has an end date. It is printed on the front page and it is the date everybody writes down.

The notice period creates a second date, earlier than the first, and that second one is the only date that matters. After it passes, your choice is gone. The contract renews and you pay for another term whether or not anyone intended to.

A lease expiring 31 March with a ninety day notice clause has a real deadline of 31 December. A different month, a different quarter, and a different year from the date on the contract. If you diarised the end date, you are three months too late by the time you look at it.

That second date appears nowhere on the document. Nobody wrote it down, because at signing nobody is thinking about the ending.

The clause that makes this matter is usually the auto-renewal beside it, which is what the contract does if the deadline passes in silence. We wrote about that in auto-renewal clauses and the decision that gets made by doing nothing.

Why it gets missed

Nothing happens on the day

This is the heart of it. A deadline you miss usually announces itself: a late fee, a system that locks you out, somebody chasing you. Miss a notice deadline and the experience is complete silence. The contract renews exactly as designed. The first real signal is often an invoice for the next term, which arrives well after the window closed.

You have to calculate it, and calculations get skipped

The contract states a term and a number of days. Turning those into a date is a thirty second job that nobody is assigned, on a day when the contract is being signed rather than ended.

It is not always counted from the date you expect

Wording like "not less than ninety days before the end of the then-current term" is counted from the end of whichever term you are currently in, which may be a renewal that happened silently a year ago. If you are working from the original end date on the first page, you are computing against the wrong term.

The window can have two ends

"Not less than sixty and not more than one hundred and twenty days" means notice given too early is as invalid as notice given too late. People are surprised by this, reasonably.

How you give notice usually matters

Many clauses specify a method and an address: written notice, by registered post, to the party named in clause 1. An email to the account manager you have dealt with for five years is not notice, however clearly it was worded and however sincerely it was received. Notice gets given, and does not count.

The person who signed is rarely the person who has to act

A contract signed by a director in 2023 has to be cancelled by whoever holds that responsibility today, who may not know it exists. Notice periods are missed by organizations, not by individuals, and usually in the gap left when somebody changed jobs.

What to do about it

Work out the deadline when you sign, not when you remember. Write it into whatever you use as a register, as its own field, next to the end date rather than instead of it.

Record how notice has to be given, in the same place. The method and the address are as much a part of the deadline as the date. Knowing on the day that you have to post a letter is much better than discovering it afterwards.

Set the reminder well before the deadline, not on it. The deadline is when notice must have arrived. You need time before that to decide, get whoever approves it to approve it, and send it the way the contract requires. A reminder that lands on the deadline has already failed. Ninety, thirty and seven days out is a reasonable shape.

Point the reminder at a role, not at one person's inbox. The most common way this goes wrong is not that a reminder was never set. It is that it was set by somebody who has since left, in a calendar nobody else can see.

This is a description of how these clauses usually work, not legal advice. Read your own clause: the wording decides, and the wording varies.

That last problem is why I built Obliga. It keeps the notice deadline as a real date rather than a mental calculation, and it tells whoever currently holds the contract, early enough to do something about it.

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