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Landlord and tenant

04 December 2008
Issue: 7348 / Categories: Case law , Law digest
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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.

Issue: 7348 / Categories: Case law , Law digest
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MOVERS & SHAKERS

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

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