Is there a new notice of default required for the termination of a Lease?

Delane on the other hand contends not only that a new notice of default was required before PCIW could terminate the Lease, but that any such notice must be based on a new act of default rather than the non-payment of the rental arrears that have been in existence for many months. In its analysis, by taking distress, PCIW waived those arrears and therefore cannot revive them as a basis for forfeiture of the Lease. In support, counsel cites many of the comments in the old cases, some of which I have referred to above, that emphasize that election is irrevocable, that distress operates as a waiver of forfeiture and that, as observed by Blackburn J. in Ward v. Day, “if a man once determines his election, it shall be determined for ever.” His Lordship added that the “fact of making the distress is an assertion by the landlord that the estate continues, stronger than a mere assertion by words; and to make a subsequent entry would be treating his election as void.” (At 493; my emphasis.)