Leases

The general common law rule was that a creditor should pay his debt by a tender of legal currency and a cheque was not legal currency. Applying Beevers v Mason (1978) 37 P & CR 452, the general common law rule might be waived by express arrangement, or by necessary implication where the facts were sufficiently strong to establish that the landlord had shown that he was content to accept payment by cheque posted by the due date of payment. The general common law rule did not apply where there was an express or implied agreement to the contrary. Such an agreement could be inferred from conduct. Inferences of that nature were not to be too readily drawn, but, where the facts supported them clearly and emphatically, they were not to be dismissed.