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

Section 113 addresses acts showing an intention to treat the lease as subsisting, with the express or implied consent of the recipient. Illustration (b) states that a second…

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A, the lessor, gives B, the lessee, notice to quit the property leased. The notice expires, and B remains in possession. A gives B, as lessee, a second notice to quit. Under section 113 of the Transfer of Property Act, 1882, as in force on 6 November 2026, what is the effect on the first notice?

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Answer and explanation

Correct answer D

Section 113 addresses acts showing an intention to treat the lease as subsisting, with the express or implied consent of the recipient. Illustration (b) states that a second notice given to the occupant as lessee waives the first notice.

Option feedback

Option A

The illustration treats the first notice as waived, rather than maintaining both.

Option B

The second notice is the act indicating the continued tenancy; it is not ineffective merely for being second.

Option C

The first notice is waived, so it is not the sole effective notice.

Option D

This is exactly the result in section 113 illustration(b).

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