Payment or satisfaction of the amount of the rent due by a stranger to the contract of tenancy does not discharge the tenant unless it is made by that person as agent for the tenant and with his prior authority or subsequent ratification. [Smith v. Cox [1940] 2 K.B. 558; Simpson v. Egginton (1855) 10 Ex. 845; Matthews v. Dobbins [1963] 1 W.L.R. 227; Bessa Plus Plc v. Lancaster [1997] E.G.C.S. 42.]  Where a landlord was in a position to forfeit...

It seems that the landlord is not obliged to accept rent tendered to him. He may refuse to do so where, for example, he wishes to avoid waiving the right to forfeit. [cf. Richards v. De Freitas (1974) 29 P. & C.R. 1.]  Where the landlord refuses to accept rent, the tenant is entitled to seek a declaration that his lease is not liable to forfeiture. ... Please login or signup to continue reading this...