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Possession claims

By: Series: New Law Journal ; 154(7147) 8 October 2004, 1470-1471(2)Publication details: 2004Subject(s): Summary: States the law relating to Ground 8 possession claims. These require the court to make an order for possession of rented property if two conditions are satisfied. Examines how to balance the interests of landlord and tenant in housing benefit delays. Looks at the consequences of "Coltrane v Day" ([2003] EWCA Civ 342, Abs66726) which examined the issues of rent arrears and the date of the presentation of a cheque, especially when a court hearing is adjourned. On appeal it was held that acceptance of a cheque in payment of a debt suspends the right to sue upon the debt while the cheque clears. When cleared the debt would then be paid from the date on which the cheque was delivered. The possession order was incorrectly made and set aside. View judgment at www.courtservice.gov.uk.
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Item type Current library Call number Copy number Status Barcode
Journal article London Journal article ABS68363 (Browse shelf(Opens below)) 1 Available 127798-1001

States the law relating to Ground 8 possession claims. These require the court to make an order for possession of rented property if two conditions are satisfied. Examines how to balance the interests of landlord and tenant in housing benefit delays. Looks at the consequences of "Coltrane v Day" ([2003] EWCA Civ 342, Abs66726) which examined the issues of rent arrears and the date of the presentation of a cheque, especially when a court hearing is adjourned. On appeal it was held that acceptance of a cheque in payment of a debt suspends the right to sue upon the debt while the cheque clears. When cleared the debt would then be paid from the date on which the cheque was delivered. The possession order was incorrectly made and set aside. View judgment at www.courtservice.gov.uk.