[2003] EWCA Civ 342, 14 March 2003. Appellant assured tenant (C), who habitually paid the rent for his flat by cheque, on reaching 11 weeks in arrears was duly served a valid notice under the Housing Act 1988 s8 by the respondent landlord (D) to commence proceedings to recover possession of the flat, relying upon Sched 2 Part I Ground 8 of the Act, that at least eight weeks' rent was outstanding both at notice date and date of hearing. C subsequently paid the full arrears by cheque with the judge adjourning the possession hearing to allow the cheque to clear. D's appeal against the adjournment was allowed and a possession order made. C appealed. "Held", appeal allowed. Acceptance of a cheque in payment of a debt suspends the right to sue upon the debt while the cheque clears and when cleared the debt would then be paid from the date on which the cheque was delivered. This principle of law applies to Ground 8. The possession order was incorrectly made and was set aside. (See also Ab66727). View judgment at www.courtservice.gov.uk.