04 December 2008
Seahive Investments Ltd v Osibanjo [2008] EWCA Civ 1282, [2008] All ER (D) 215 (Nov)
The right to forfeit may be waived by acceptance of rent by the landlord with knowledge of the breach, even though the landlord had no intention to waive.
The test whether or not the landlord acted to recognise the continued existence of the lease and the continuing relationship of landlord and tenant.
The landlord’s acceptance of rent as the result of an error, or on a “without prejudice” basis, may indicate that the landlord had no intention to waive, but such circumstances do not, as a matter of law, prevent waiver.
