Western Australian Current Acts

PROPERTY LAW ACT 1969 - SECT 73

73 .         Waiver of a covenant in a lease, not to operate as general waiver

        (1)         Where any actual waiver by a lessor or the persons deriving title under him, of the benefit of any covenant or condition in any lease, is proved to have taken place in any particular instance, the waiver shall not be deemed to extend to any instance, or to any breach of covenant or condition except that to which the waiver specially relates, nor operate as a general waiver of the benefit of the covenant or condition.

        (2)         Subsection (1) applies unless a contrary intention appears and shall extend to waivers effected after the coming into operation of this Act.

        (3)         After the giving of a notice to quit acceptance of rent expressed to be without prejudice to the notice does not operate as a waiver of the notice or revive or create a tenancy.