ABSTRACT

It was held in Richards v Walker64 that, where a landlord seeks possession of controlled premises under s 25(1) of the Act on the ground of non-payment of rent by the tenant, he must first serve a valid notice to quit on the tenant within s 31. It was further stated in this case, by Rowe JA, that the effect of s 31(2) is that: ‘a delinquent tenant, when presented with a notice to quit for non-payment of rent, has the better part of 30 days within which to pay up all his arrears. Only if he neglects to do so during the currency of a notice under s 31(1) can the landlord rely on that notice for its validity in terminating the tenancy.’