Possession claims
Platt, J.
Possession claims - 2004 - New Law Journal 154(7147) 8 October 2004, 1470-1471(2) .
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.
RENT PAYMENTS
HEARING DATE
COLTRANE V DAY
HOUSING ACT 1988 S8
POSSESSION
HOUSING ACT 1988 SCHED 2 PART 1 GROUND 8
CONDITIONAL PAYMENT
RENT ARREARS
PAYMENT BY CHEQUE
RAZACK V OSMAN
HOFFMAN V CUERTO-CORONDO
LONDON AND QUADRANT V ISON
MARECCO V RICHARDSON
QAZI V L B HARROW
POPLAR HOUSING V DONOGHUE
MOUNTAIN V HASTINGS
Possession claims - 2004 - New Law Journal 154(7147) 8 October 2004, 1470-1471(2) .
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.
RENT PAYMENTS
HEARING DATE
COLTRANE V DAY
HOUSING ACT 1988 S8
POSSESSION
HOUSING ACT 1988 SCHED 2 PART 1 GROUND 8
CONDITIONAL PAYMENT
RENT ARREARS
PAYMENT BY CHEQUE
RAZACK V OSMAN
HOFFMAN V CUERTO-CORONDO
LONDON AND QUADRANT V ISON
MARECCO V RICHARDSON
QAZI V L B HARROW
POPLAR HOUSING V DONOGHUE
MOUNTAIN V HASTINGS