DOES COLLECTION OF RENT BY LANDLORD AFTER ISSUING NOTICE TO QUIT AMOUNTS TO WAIVER OF NOTICE TO QUIT?

 

ON WHETHER COLLECTION OF RENT BY LANDLORD AFTER ISSUING NOTICE TO QUIT AMOUNTS TO WAIVER OF NOTICE TO QUIT.

The fact that a landlord collected rent on a property still in occupation or possession of the tenant after issuing a notice to quit cannot by law or equity amount to a waiver of the notice to quit, even where the notice had expired and the tenant refused to yield possession in time. The notice to quit would subsist until it is formerly rescinded by the landlord and or when a fresh tenancy agreement is entered into.

PILLARS NIGERIA LIMITED V. WILLIAM KOJO DESBORDES & ANOR (2021) 12 NWLR PT1789 PG. 122 @ 144 S.C. Per AGIM, J.S.C.