McGregor Motors Limited v Barton - [1956] NZLR 297

Landlord and Tenant — Lease — Right of Renewal — Breach of Covenant by Lessee — Performance of Covenants, Condition Precedent to Grant of Renewal — Lessor's Acceptance of Rent with Knowledge of Such Breach — Lessor thereby electing to treat Lease as Subsisting — Waiver answering Lessor's Claim to Forfeiture, but not enabling Lessee to claim Strict Compliance with Condition Precedent to Grant of Renewal — Lessee, in Circumstances of Case, entitled to Relief from Forfeiture — Property Law Act 1952, s 120.

Tenancy — Fair Rent — Rent for Period to be determined by Arbitration — Court fixing Higher Rent than Agreed Rent — No Right in Landlord to increase Rent above Sum fixed by Agreement — Amount of Rent determined by Arbitration becoming Rent fixed by Agreement — Tenancy Act 1948, s 8 (4).