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MW Trustees Ltd (2) Robert Posel (3) Pamela Posel v Tellular Corporation [2011] L&TR 19

DATE: 09 Feb 2011

High Court sets out the test for waiver and holds that a landlord was estopped from challenging a tenant’s break notice on the ground that it had not been validly served as it had accepted the notice in an email despite its defects and therefore any further requirement to serve a fresh notice compliant with the lease had been waived.

David Holland acted for the landlords and Tom Weekes acted for the tenant.