Section 250 — Property Law Act 2007: Acceptance of rent by lessor after notice of intention to cancel lease given not to operate as waiver of lessor’s rights
Text of the provision Official document
250 Acceptance of rent by lessor after notice of intention to cancel lease given not to operate as waiver of lessor’s rights (1) If a lessor accepts any rent after a notice of intention to cancel the lease is served on the lessee in accordance with section 245 or 246 the lessor’s acceptance of the rent does not operate as a waiver of the lessor’s right, on the ground of a breach of a covenant or condition of the lease, to— (a) apply for an order for possession of the land; or (b) re-enter the land. (2) Subsection (1) applies unless the lessor, in accepting the rent, causes the lessee reasonably to believe that the lessor no longer intends to exercise the right to apply for an order for possession of, or to re-enter, the land. Compare: Landlord and Tenant Act 1730, 4 Geo 2, c 28 s 2 (UK); 1952 No 51 s 118
Official source: legislation.govt.nz
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