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Mislaid rent cheque.

Mislaid rent cheque.

Postby Hairyloon » Sun Nov 19, 2017 7:17 pm

A friend of mine has lost her allotment because the allotment association claims to have not received the rent after she posted it at the association hut.
The association do not appear to be about to be reasonable about it.
At this time, the plot-holder is taking the attitude that she doesn't want to associate with such unpleasant people, but I'd like to suss out the law on the matter in any case.
My understanding is that if the payment was put through the door before the deadline, then it is legally delivered, in which case the association do not have a leg to stand on.
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Re: Mislaid rent cheque.

Postby shootist » Sun Nov 19, 2017 9:11 pm

Please arrange the following words into a well known phrase or saying.

Hairyloon wrote:The association to net appear to be about to be reasonable about it.
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Re: Mislaid rent cheque.

Postby Hairyloon » Sun Nov 19, 2017 9:35 pm

shootist wrote:Please arrange the following words into a well known phrase or saying.

Hairyloon wrote:The association to net appear to be about to be reasonable about it.

Am I not allowed a typo now and again?
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Re: Mislaid rent cheque.

Postby dls » Sun Nov 19, 2017 10:11 pm

The proper method for payment of rents is defined by the agreement. A cheque is a promise to pay and need not be payment.
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Re: Mislaid rent cheque.

Postby Hairyloon » Sun Nov 19, 2017 10:23 pm

dls wrote:The proper method for payment of rents is defined by the agreement. A cheque is a promise to pay and need not be payment.

The rules allow for payment by cheque.
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Re: Mislaid rent cheque.

Postby theycantdothat » Sun Nov 19, 2017 11:52 pm

If the terms of the tenancy allow for payment by cheque then, subject to the cheque being cleared, payment is deemed to be made when the cheque is handed over, or if posted, when posted.

*

The rule is that payment of rent should be made as provided by the terms of the tenancy and, in default, in cash. If the landlord accepts payment by a different method he cannot argue that there has been a breach of agreement, but is not bound to accept future payments by that method unless it becomes established.
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Re: Mislaid rent cheque.

Postby Millbrook2 » Wed Nov 22, 2017 4:10 pm

Has she proof of posting - a witness?
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Re: Mislaid rent cheque.

Postby Hairyloon » Wed Nov 22, 2017 7:06 pm

Millbrook2 wrote:Has she proof of posting - a witness?

Yes, a witness.
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Re: Mislaid rent cheque.

Postby tph » Mon Nov 27, 2017 2:47 pm

Did the witness see the cheque written out, put in the envelope and delivered?
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