Somervell LJ said (in a judgment of the court of appeal prepared by Evershed LJ) that ‘acceptance of any rent accrued due after the landlord’s knowledge of the tenant’s breach was regarded necessarily as inconsistent with an election to avoid the lease’ but then Somervell LJ restated the principle more broadly as follows:
‘From long usage the acceptance of rent by a landlord after knowledge of circumstances giving rise to a claim for possession has come to be regarded by landlords and tenants alike as evidence of an intention to affirm the tenancy.”
Somervell LJ Evershed LJ
[1947] 1 KB 886
England and Wales
Cited by:
Cited – Osibanjo and Another v Seahive Investments Ltd CA 21-Nov-2008
Appeal against refusal of relief from forfeiture of lease – appeal based on assertion of waiver by acceptance of rent knowing of the breach.
Held: The appeal was refused. The acceptance of rent was through payment in of a cheque for a sum of . .
Lists of cited by and citing cases may be incomplete.
Updated: 22 August 2021; Ref: scu.652985