000			01929cam a2200277 4500
001			ABS66727
008			030520n2003 000 0 eng u
035			_a(Sirsi) u122324
100			_aMurdoch, S.
245			_aAvoid being cheque mated
260			_c2003
490			_aEstates Gazette _v(0319)10 May 2003, 117(1)
520			_aConsiders 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.
590			_aABS
650			_aHOUSING ACT 1988 SCHED 2 PART I GROUND 8
650			_aPOSSESSION
650			_aLATE PAYMENTS
650			_aRENT ARREARS
650			_aCOLTRANE V DAY
650			_aRENT PAYMENTS
650			_aFORFEITURE
650			_aPAYMENT BY CHEQUE
690			_aLANDLORD AND TENANT-RESIDENTIAL TENANCIES-CASE LAW
856			_uhttps://www.courtservice.gov.uk/View.do?id=1639 _zView judgment on the Court Service website...
942			_n0
999			_c72692 _d72692