Waiver Of Forfeiture Flashcards
What case illustrates a waiver?
Belgravia v Woolgar- relief can be granted even where the breach is irremediable. Similar to Glass v Kencakes, no impact on the value of the property. Landlord waived a breach because of a clerical error by their agent. In the end the court will leave it up to the parties, CA held this was enough for a waiver. Lease could continue.
When does a waiver occur?
When a landlord knows of the breach and with that knowledge he does some unequivocal act (must be communication between the landlord and the tenant) which gives a reasonable outsider the idea that the landlord regards the lease as still subsisting. The unequivocal act is when the landlord either demands or accepts rent for a period after the breach. Also applies to imputed notice.
