The doctrine of election is the foundation of waiver of forfeiture. The question whether an unqualified demand for rent falling due after the date of the breach giving rise to the forfeiture amounts to an election to waive the forfeiture was considered.
Swanwick J said: ‘In the present case the matter does arise for decision. My view, both on principle and on such persuasive authority as has been cited to me, is that an unambiguous demand for future rent in advance such as was made here does in law amount to an election and does constitute a waiver if, at the time when it is made, the landlord has sufficient knowledge of the facts to put him to his election. To my perhaps simple mind there is a fundamental inconsistency between contending that a lease has been determined and demanding rent on the basis of its future continuance.’
Judges:
Swanwick J
Citations:
[1973] 1 WLR 1487
Jurisdiction:
England and Wales
Cited by:
Cited – Ultraframe (UK) Ltd v Fielding and others ChD 27-Jul-2005
The parties had engaged in a bitter 95 day trial in which allegations of forgery, theft, false accounting, blackmail and arson. A company owning patents and other rights had become insolvent, and the real concern was the destination and ownership of . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 01 July 2022; Ref: scu.230300
