Edlington Properties v JH Fenner and Co
Language: English Series: Property Week ; 70(45) 11 November 2005, 75(1)Publication details: 2005Subject(s): Summary: This case ([2005] EWHQ 2158 (QB), [2005] NPC 119) highlights the issues regarding the laws of set-off. The Welsh Development Agency built a factory on a site for which they held the freehold, on the understanding that F would then be able to rent the property. As F believed that the factory was substandard, they sued the WDA for damages. During the litigation, the WDA sold the factory to E, who then sued F for non-payment of rent. HC was then asked to consider whether or not F could set-off the unpaid rent against its claim against the WDA. The Court ruled that the Landlord and Tenant Act (Covenants) 1995 did not allow F to do so.| Item type | Current library | Copy number | Status | Barcode | |
|---|---|---|---|---|---|
| Journal article | London Journal article | 1 | Available | L131625 |
This case ([2005] EWHQ 2158 (QB), [2005] NPC 119) highlights the issues regarding the laws of set-off. The Welsh Development Agency built a factory on a site for which they held the freehold, on the understanding that F would then be able to rent the property. As F believed that the factory was substandard, they sued the WDA for damages. During the litigation, the WDA sold the factory to E, who then sued F for non-payment of rent. HC was then asked to consider whether or not F could set-off the unpaid rent against its claim against the WDA. The Court ruled that the Landlord and Tenant Act (Covenants) 1995 did not allow F to do so.