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Cheque mate

Simon Braun questions the Court of Appeal’s recent decision on conditional payments and possession orders

2 May 2003

Day v Coltrane [2003] EWCA Civ 342; (2003) 147 SJ 355, 28 March, was a case which turned on whether or not an uncleared cheque was ‘payment’ for the purposes of a possession order applied for under Ground 8 to Sched 2 to the Housing Act 1988 (HA 1988). The implications of the Court of Appeal’s decision will have far reaching effects on Ground 8 applications and will cause increased delay and costs for landlords seeking to obtain possession. It may also create further administrative headaches for county courts who, as a result of this case, may see a significant increase in re-listed hearings. Facts of the case Day, the landlord, was the owner of a property in Highbury, London. The property was let to Coltrane under an assured tenancy pursuant to the HA 1988. Rent was paid weekly. By the time court proceedings were commenced in August 2002, there were 11 weeks’ worth of rent arrears (£1485). On 9 September 2002, the matter came to trial and a deputy distric...

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