Can a tenant retract a notice to quit previously served to exercise a break clause in an assured shorthold tenancy before expiry of the notice?

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Produced in partnership with Alexander Campbell of Cornerstone Barristers

Published on: 19 August 2019

Whether a notice to quit can be retracted

There is various authority for the position that a notice to quit, once it has been served, cannot be retracted.

However, a notice can be withdrawn or the right to enforce it waived with the consent of the party to whom the notice is given.

In Clarke v Grant, the Court of Appeal held that a notice to quit cannot be waived by, for example, the landlord continuing to accept rent payments from the tenant. In this respect, the parties were held to be in a different position compared to when, for example, a landlord waives a breach of covenant. Giving judgment, Lord Goddard CJ stated:

‘It has always been held that, if a landlord seeks to recover possession of property on the ground of a breach of covenant which entitles him to claim a forfeiture, acceptance

Alexander Campbell

Barrister, Cornerstone Barristers

Alex is a skilful and experienced barrister whose practice primarily spans issues of public law and property law. Alex’s experience of complex public law issues including human rights, equality issues makes him extremely well-placed to assist clients in litigation across the many fields of law in which these issues arise.

Alex has been praised by judges as an 'excellent’ advocate, for his ‘forensic precision’ in approaching cases and has been described as ‘an expert’ in his fields of practice. He is well-liked by clients for his approachable manner and for his ability to bring clarity to complex cases. He is ranked in Chambers and Partners 2018 and is described as a ‘rising junior with a growing reputation’.

Alex was called to the Bar after an exceptionally strong academic background. Alex holds a law degree from Trinity College, Cambridge and was awarded multiple prizes for his academic performance whilst there. He holds a Master’s degree in French Law from France’s most prestigious law school, l’Université de Paris II – Panthéon-Assas, and a Master’s degree with distinction in public law and human rights from University College London. Alex has been the recipient of a prestigious Pegasus Scholarship under which he spent time working as a barrister in Paris.

Alex writes regularly in legal publications in his areas of practice online, in journals and books.

Jurisdiction(s):

United Kingdom

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