In the course of possession proceedings for non payment of rent under an assured tenancy, the tenant gave the landlord a cheque which cleared the arrears.
Held: The past course of dealings between the parties showed that the landlord had previously accepted cheques, and now required the landlord to accept payment by cheque. Payment by means of a cheque was made on the day the cheque was presented, but conditional until honoured. There was no reason to treat possession proceedings under the 1988 Act differently. The district judge had a discretion to adjourn which he should have exercised. Appeal allowed.
Judges:
Lord Justice Potter Lord Justice Tuckey Mr Justice Wall
Citations:
Times 15-Apr-2003, [2003] EWCA Civ 342, Gazette 15-May-2003, [2003] 1 WLR 1379
Links:
Statutes:
Housing Act 1988 9(1) Schedule 2 Part 1
Jurisdiction:
England and Wales
Citing:
Cited – Homes v Smith CA 2000
Where a cheque is offered in payment it amounts to a conditional payment of the amount of the cheque which, if accepted, operates as a conditional payment from the time when the cheque was delivered. . .
Cited – Beevor v Mason 1978
Under the 1948 Act, effect must be given to a notice to quit served after failure to comply with a notice requiring the tenant to pay any rent due within two months of the notice. The evidence showed that the landlord had previously accepted payment . .
Cited – Felix Hadley and Co v Hadley ChD 1898
A cheque for a sum due which (a) is delivered to a creditor (b) is not returned by the creditor and (c) is met on first presentation discharges the debt as at the date the cheque is delivered. . .
Cited by:
Cited – North British Housing Association Ltd v Matthews, Same v Others CA 21-Dec-2004
In each case the tenants requested adjournment of the possession proceedings brought against them by the landlord for arrears of rent to allow them time to bring the arrears below the level at which a possession order could be made. In each case it . .
Lists of cited by and citing cases may be incomplete.
Housing, Landlord and Tenant, Litigation Practice
Updated: 16 September 2022; Ref: scu.179919