Blynth v Dennett
| Jurisdiction | England & Wales |
| Judgment Date | 14 January 1853 |
| Date | 14 January 1853 |
| Court | Court of Common Pleas |
English Reports Citation: 138 E.R. 1165
IN THE COURT OF COMMON PLEAS AND EXCHEQUER CHAMBER
S. C. 22 L. J. C. P. 72. See Tayleur v. Wildin, 1868, L. R. 3 Ex. 305; Santley v. Wide, [1899] 1 Ch. 763; [1899] 2 Ch. 674.
[178] blyth v. dennett. Jan. 14, 1853. [S. C. 22 L. J. C. P. 72. See Taykur v. WiUin, 1868, L. E. 3 Ex. 305; Smtley v. Wilde, [1899] 1 Ch. 763; [1899] 2 Oh. 674.] A demand of rent accruing subsequently to the expiration of a notice to quit, is not necessarily a waiver of the notice : it is a question of intention, which must be left to the jury. This was an action of ejectment tried before Jervis, C. J., at the sittings at Westminster after last term. It appeared that, rent being in arrear for the premises, the defendant had received a notice to quit, which expired at Lady Day, 1851, but that he had held over down to the time of the trial. The question between the parties was, whether that notice had been waived. The evidence shewed, that, when the notice to quit was served upon the defendant, he observed to the plaintiff's son, " If I pay the rent, I suppose I will be all right," to which the latter assented; that the plaintiff had, as well before as after the expiration of the notice, demanded "rent" from the defendant, and had brought an action of debt for it, the proceedings in which were put in; but that no rent had been paid in respect of the occupation of the premises subsequently to the expiration of the notice.. On the part of the defendant, it was submitted that the demand of rent accruing since the expiration of the notice to quit, operated as a waiver of the notice, and created a new tenancy. 1166 BLYTH V. DENNETT 13C.B.179. The lord chief justice told the jury that the payment and acceptance of rent accruing due subsequently to the expiration of the notice to quit, would be a waiver of the notice, and create a new contract of tenancy; but that the payment and acceptance of rent in respect of the occupation of the premises prior to that time, or the mere demand of rent, would not necessarily have that effect. And he left it to them to say whether, upon the whole evidence, they thought a new tenancy had been created between the parties. [179] The jury returned a verdict for the plaintiff. Edwards now moved for a new trial, on the ground of misdirection. The demand of rent accruing after the expiration of the notice to quit, clearly operated a waiver of it, and created anew the relation of landlord and...
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