Rent Restrictions Act, 1960

Acceptance of rent by landlord after expiration of notice to quit.

35.—Where the landlord of a controlled dwelling serves a notice to quit on the tenant of the dwelling, the acceptance of any sum purporting to be rent by the landlord for the period mentioned in whichever of the following paragraphs is applicable shall not prejudice his right (if any) to recover possession of the dwelling, that is to say:

(a) if he institutes proceedings for the recovery of possession of the dwelling within three months of the expiration of the notice to quit, the period beginning on the expiration of the notice to quit and ending on the date on which the proceedings are finally determined,

(b) in any other case, the period of three months beginning on the expiration of the notice to quit,

and if an order for possession of the dwelling is made, any such sum so accepted shall be treated as mesne profits.