Avoid being cheque mated
Series: Estates Gazette ; (0319)10 May 2003, 117(1)Publication details: 2003Subject(s): Online resources: Summary: Considers the law on rent payment in light of the CA decision "Coltrane v Day" ([2003] EWCA Civ 242; Abs66727) which deals with the rules relating to rent payments by cheque in the context of possession proceedings based upon non-payment of rent. If a landlord legitimises payment of rent by cheque, either by express agreement or habitual acceptance, provided that the cheque is cleared on first presentation payment dates from the date upon which the cheque was delivered to or posted to the landlord. "Coltrane v Day" examined whether these rules applied in the context of possession proceedings under Housing Act 1988 Sched 2 Part I Ground 8, which permits a landlord under an assured tenancy to obtain a possession order where at least eight weeks rent are unpaid both at notice date and the date of hearing. CA deemed that normal rules on rent payment by cheque should apply in respect of Ground 8 claims. Last minute payments by cheque are permissible only if accepted by the landlord. A payment at the court door is by definition a late payment and can always be refused. View judgment at www.courtservice.gov.uk.| Item type | Current library | Copy number | Status | Barcode | |
|---|---|---|---|---|---|
| Journal article | London Journal article | 1 | Available | 122324-1001 |
Considers the law on rent payment in light of the CA decision "Coltrane v Day" ([2003] EWCA Civ 242; Abs66727) which deals with the rules relating to rent payments by cheque in the context of possession proceedings based upon non-payment of rent. If a landlord legitimises payment of rent by cheque, either by express agreement or habitual acceptance, provided that the cheque is cleared on first presentation payment dates from the date upon which the cheque was delivered to or posted to the landlord. "Coltrane v Day" examined whether these rules applied in the context of possession proceedings under Housing Act 1988 Sched 2 Part I Ground 8, which permits a landlord under an assured tenancy to obtain a possession order where at least eight weeks rent are unpaid both at notice date and the date of hearing. CA deemed that normal rules on rent payment by cheque should apply in respect of Ground 8 claims. Last minute payments by cheque are permissible only if accepted by the landlord. A payment at the court door is by definition a late payment and can always be refused. View judgment at www.courtservice.gov.uk.