Victorian Consolidated Legislation

Landlord and Tenant Act 1958 - SECT 32AA

Acceptance of rent not to waive notice to quit

32AA. Acceptance of rent not to waive notice to quit

Where notice to quit any premises has been given, whether before or after the
coming into operation of this section-

   (a)  any demand by the lessor for payment of rent, or of any sum of money
        as rent, in respect of any period within six months after the giving
        of the notice;

   (b)  the commencement of proceedings by the lessor to recover rent, or any
        sum of money as rent, in respect of the period mentioned in paragraph
        (a); or

   (c)  the acceptance of rent, or of any sum of money as rent, by the lessor
        in respect of any period mentioned in paragraph (a)-

shall not of itself constitute evidence of a new tenancy to operate as a
waiver of the notice.