The landlord may not re-enter if he or she has waived the ground for forfeiture. In determining whether a given act amounts to a waiver it is necessary to answer yes to the the following three questions: (1) Does the alleged act of waiver unequivocally recognise the subsistence of the tenancy? (2) Did the landlord have knowledge of the ground for forfeiture at the time of the alleged act of waiver? (3) Was the act of recognition communicated to the tenant?
Citations:
(1996) 72 P and CR 14, [1996] 28 HLR 561
Jurisdiction:
England and Wales
Landlord and Tenant
Updated: 27 October 2022; Ref: scu.188404