References: [1910] 1 Ch 777
Coram: Parker J
Ratio: A landlord cannot prevent accepting a payment of rent from operating as a waiver of breach merely by stating at the time of payment that he accepts it without prejudice to his right to forfeit.
Parker J said: ‘It is also, I think, reasonably clear upon the cases that whether the act, coupled with the knowledge, constitutes a waiver is a question which the law decides, and therefore, it is not open to a lessor who has knowledge of the breach to say ‘I will treat the tenancy as existing, and I will receive the rent, or I will take advantage of my power as landlord to distrain; but I tell you that all I will do will be without prejudice to my right to re-enter, which I intend to reserve’. That is a position which he is not entitled to take up. If, knowing of the breach, he does distrain, or does receive the rent, then by law he waives the breach, and nothing which he can say by way of protest against the law will avail him anything.’
Jurisdiction: England and Wales
Last Update: 08 March 2019
Ref: 278602
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