Kammins Ballrooms Co Ltd v Zenith Investments (Torquay) Ltd
[1971] AC 850 · House of Lords · 1970
The question
Are the statutory time limits for applying to court absolute, or can a landlord lose the right to rely on them?
What was held
The limits exist for the landlord's benefit, so a landlord can waive them by election — for example by treating a premature or late claim as properly constituted and litigating on the merits.
For a landlord
Take a limitation point immediately and unequivocally. Negotiating or pleading to the merits can cost you the point.
For a tenant
Missing the window is usually fatal, but examine the landlord's conduct: an unqualified engagement with the claim may amount to election.
The provisions this turns on
Apply it to your matter
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Case summary for general guidance only, not legal advice. Judgments turn on their own facts and later decisions may qualify them — check the primary transcript before relying on any point in correspondence or proceedings.