Have You Waived Goodbye to Your Right to Eject?

When faced with the problem of tenant rent arrears, many landlords elect to irritate the lease to try to secure payment. Typically, this is a very effective debt recovery tool, with the tenant promptly banging on the landlord's door to pay the arrears after the pre-irritancy 14 day notice has been served in terms of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (for commercial lets) or after the AT6 has been served (for residential lets). Clearly, if the tenant pays before the notice period expires, the landlord loses its right to irritate.

However, what if the tenant comes a-knocking with his rent cheque after the notice period has expired or after decree of removal has been granted? In short, if the landlord accepts the cheque, can he be said to have waived his right to remove the tenant?