LawgistThe Transfer of Property Act
113Waiver of notice to quit
A notice given under section 111, clause (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.
Illustrations
(a) A, the lessor, gives B, the lessee, notice to quit the property leased. The notice expires, B tenders, and A accepts, rent which has become due in respect of the property since the expiration of the notice. The notice is waived.
(b) A, the lessor, gives B, the lessee, notice to quit the property leased. The notice expires, and B remains in possession. A gives to B as lessee a second notice to quit. The first notice is waived.
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OF LEASES OF IMMOVEABLE PROPERTY
- 105 Lease defined
- 106 Duration of certain leases in absence of written contract or local usage
- 107 leases how made
- 108 Rights and liabilities of lessor and lessee
- 109 Rights of lessor‟s transferee
- 110 Exclusion of day on which term commences
- 111 Determination of lease
- 112 Waiver of forfeiture
- 113 Waiver of notice to quit
- 114 Relief against forfeiture for non-payment of rent
- 114A Relief against forfeiture in certain other cases
- 115 Effect of surrender and forfeiture on under-leases
- 116 Effect of holding over
- 117 Exemption of leases for agricultural purposes
