Transfer of Property Act Section 113 — Waiver of notice to quit
CHAPTER V OF LEASES OF IMMOVEABLE PROPERTY — Illustration to clause (f)
General
Summary
A notice to end a lease can be cancelled if the person who gave the notice does something that shows they intend to keep the lease going, and the person who received the notice agrees, either openly or by their actions. For example, if a landlord gives a tenant notice to leave, but after the notice period ends the tenant pays rent and the landlord accepts it, the notice is cancelled. Similarly, if the tenant stays after the notice period and the landlord gives them another notice to leave, the first notice is cancelled.
Official Text
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.