000			02086cam a2200325 4500
001			ABS66726
008			030520n2003 000 0 eng u
035			_a(Sirsi) u122325
245			_aColtrane v Day
260			_c2003
490			_aWeekly Law Reports _v[2003] 1 WLR 1379-1386(7)
520			_a[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.
590			_aABS
650			_aHOUSING ACT 1988 S8
650			_aHOUSING ACT 1988 SCHED 2 PART I GROUND 8
650			_aPOSSESSION
650			_aCONDITIONAL PAYMENT
650			_aPAYMENT BY CHEQUE
650			_aRENT ARREARS
650			_aMARRECO V RICHARDSON
650			_aRENT PAYMENTS
650			_aCOLTRANE V DAY
650			_aHOMES V SMITH
650			_aBEEVERS V MASON
650			_aOFFICIAL SOLICITOR V THOMAS
650			_aHEARING DATE
690			_aLANDLORD AND TENANT-RESIDENTIAL TENANCIES-CASE LAW
856			_uhttps://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWCA/Civ/2003/342.html&query=Coltrane+and+v+and+Day&method=boolean _zView the judgment free of charge at www.bailii.org
942			_n0
999			_c72693 _d72693