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Waiver by estoppel: Difference between revisions
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===Effect=== | ===Effect=== | ||
*Unlike [[waiver by election]], generally a [[waiver by estoppel]] only suspends the rightsholder’s legal rights and does not permanently extinguish them — unless it would be inequitable to allow the waiver to be withdrawn. | *Unlike [[waiver by election]], generally a [[waiver by estoppel]] only suspends the rightsholder’s legal rights and does not permanently extinguish them — unless it would be inequitable to allow the waiver to be withdrawn. So (as per {{citern|Hughes|Metropolitan Railway|1877|2 App. Cas.|439}}, if your tenant is obliged to repair the property within six months of your notice and, having given notice, you then [[Representation|represent]] you won’t insist on it doing so while you negotiate the potential sale of the property to the tenant, when those negotiations inevitably fall through and you decide you ''do'' want your property repaired after all, you can’t insist on the tenant getting everything done in the remaining two weeks of the original notice period. Instead, the six month period is reset from when you give further notice of the repairs. | ||
Codified common sense, really. | |||
===Observations=== | ===Observations=== | ||