Coltrane v Day

Coltrane v Day

Where a tenant delivers a cheque for rent arrears to the landlord or their agent before the hearing, and the cheque is accepted and subsequently honoured on first presentation, the rent is not 'unpaid' at the date of the hearing for the purposes of Ground 8 of the Housing Act 1988. The court has jurisdiction to adjourn the proceedings to allow the cheque to clear.

Parties
Appellant: Andy Coltrane; Respondent: Janice Day
Jurisdiction
England and Wales
Judgment Date
14 March 2003
Procedural Posture
Civil Appeal / Appeal From County Court to Court of Appeal
Outcome
Appeal allowed; possession order set aside.
Legal Topics
Assured Tenancy, Possession Proceedings, Non Payment of Rent, Ground 8 Housing Act 1988, Payment by Cheque
Landlord and Tenant Law Assured Tenancy Possession Proceedings Non Payment of Rent Ground 8 Housing Act 1988 Payment by Cheque

Case Brief

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Parties

Andy Coltrane

Appellant

Janice Day

Respondent

Procedural Posture

Civil Appeal / Appeal From County Court to Court of Appeal

Legal Issues

  1. 1 Whether rent is 'unpaid' under Ground 8 of the Housing Act 1988 if a cheque for arrears is delivered and accepted but not cleared by the date of hearing
  2. 2 Whether the court has jurisdiction to adjourn possession proceedings pending clearance of a cheque

Ratio Decidendi

Where a tenant delivers a cheque for rent arrears to the landlord or their agent before the hearing, and the cheque is accepted and subsequently honoured on first presentation, the rent is not 'unpaid' at the date of the hearing for the purposes of Ground 8 of the Housing Act 1988. The court has jurisdiction to adjourn the proceedings to allow the cheque to clear.

Court Disposition

Appeal allowed; possession order set aside.

Orders

  • No order for costs both here and below, save assessment according to the Legal Fund Regulations.
  • Permission to appeal to the House of Lords refused.