[2006] EWCA Civ 831, 21 June 2006. Concerns the determination of the periods for which rent was last payable under a fixed-term tenancy for the purposes of the Housing Act 1988 s5(3)(d). Appeal by C against the dismissal of their claim for possession of a flat let to M on an assured shorthold tenancy basis, the rent for which was payable quarterly in advance. At the end of final tenancy agreement, C gave M notice to quit and brought possession proceedings. The district judge held that M's tenancy was an annual tenancy for the purposes of s5(3)(d) of the Act and that the notice and proceedings were premature. Held: appeal allowed. The court had to ascertain what was the last rent payment that M had to make and to calculate the period covered by the last payment. In this case the amount of rent actually last payable under the terms of the tenancy was payable in advance in the last quarterly period and therefore the period of the tenancy was quarterly. M was ordered to give up possession.