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 of the rent by cheque posted on the date it was due. The court held that a cheque posted in this way on the last day of the two month notice period was payment of the rent on that day if the cheque was honoured. The cheque was not received by the landlord until after the notice had expired. Nevertheless, as a result of the previous course of dealing, the court held that the tenant was entitled to pay by cheque and treated the post office as the landlord’s agent for the purpose of deciding when the cheque was delivered.
Citations:
(1978) 37 P and CR 452
Statutes:
Agricultural Holdings Act 1948
Cited by:
Cited – Andy Coltrane v Janice Day CA 14-Mar-2003
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 . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant, Banking, Agriculture
Updated: 05 May 2022; Ref: scu.180780