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A, the lessor, gives B, the lessee, notice to quit the leased property. The notice expires. B then…

Illustration (a) to section 113 concludes simply: "The notice is waived". Under section 113, a notice under section 111(h) is waived, with the express or implied consent of…

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A, the lessor, gives B, the lessee, notice to quit the leased property. The notice expires. B then tenders, and A accepts, rent that has become due for the property since the notice expired. What is the effect on the notice?

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Correct answer C

Illustration (a) to section 113 concludes simply: "The notice is waived". Under section 113, a notice under section 111(h) is waived, with the express or implied consent of the person to whom it is given, "by any act on the part of the person giving it showing an intention to treat the lease as subsisting"; accepting rent for the period after expiry is such an act. B's own tender of the rent supplies his consent, so the lease subsists and B is neither a trespasser nor a tenant at sufferance.

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