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A landlord serves a notice to quit. The notice expires, but the tenant remains in possession. With the…

Section 113 treats a notice to quit as waived when the person who gave it acts as though the lease subsists, with the express or implied consent of the recipient. Serving a…

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A landlord serves a notice to quit. The notice expires, but the tenant remains in possession. With the tenant’s implied consent, the landlord treats the lease as subsisting and serves a fresh notice to quit on the tenant as lessee. What happens to the earlier notice?

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Answer and explanation

Correct answer A

Section 113 treats a notice to quit as waived when the person who gave it acts as though the lease subsists, with the express or implied consent of the recipient. Serving a fresh notice on the occupant as lessee is the act described in illustration (b).

Option feedback

Option A

The landlord’s conduct and the tenant’s consent satisfy section 113.

Option B

Waiver prevents the earlier notice from remaining operative.

Option C

The fresh notice is given on the footing that the tenancy subsists.

Option D

Waiver affects the operation of the earlier notice without changing the validity of its original service.

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