Setunga v. Fernando, W.M.G. – SLR – 584, Vol 2 of 1982 – sllr 1982 volume 2 page 584

In the case between W.M.G. Fernando (landlord, respondent) and Setunga (tenant, appellant), the court addressed the issue of whether the acceptance of a late rent payment constituted a waiver of the landlord’s right to enforce forfeiture and ejectment under the terms of a settlement. It was determined that the landlord’s acceptance, evidenced by correspondence that accepted the late payment while warning against future delays, amounted to a clear waiver of forfeiture for that payment period. The principal rule reaffirmed was that unequivocal conduct by a landlord in accepting late payment, accompanied by express notice of future consequences, operates as a binding waiver of the right to eject on grounds of that single default. Relevant statutory principles concerning waiver and the doctrin