000			01818cam a2200373 4500
001			ABS68363
008			041022n2004 000 0 eng u
035			_a(Sirsi) u127798
100			_aPlatt, J.
245			_aPossession claims
260			_c2004
490			_aNew Law Journal _v154(7147) 8 October 2004, 1470-1471(2)
520			_aStates 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.
590			_aABS
590			_aABS
650			_aRENT PAYMENTS
650			_aHEARING DATE
650			_aCOLTRANE V DAY
650			_aHOUSING ACT 1988 S8
650			_aPOSSESSION
650			_aHOUSING ACT 1988 SCHED 2 PART 1 GROUND 8
650			_aCONDITIONAL PAYMENT
650			_aRENT ARREARS
650			_aPAYMENT BY CHEQUE
650			_aRAZACK V OSMAN
650			_aHOFFMAN V CUERTO-CORONDO
650			_aLONDON AND QUADRANT V ISON
650			_aMARECCO V RICHARDSON
650			_aQAZI V L B HARROW
650			_aPOPLAR HOUSING V DONOGHUE
650			_aMOUNTAIN V HASTINGS
690			_aLANDLORD AND TENANT-RESIDENTIAL TENANCIES-CASE LAW
942			_n0
999			_c118214 _d118214