Filross Securities Ltd v Midgeley
Filross Securities Ltd v Midgeley
- 1998
- Estates Gazette [1998] 43 EG 134-137(4) .
CA 21 July 1998. Landlord F issued proceedings against tenant M for arrears of service charges. M counterclaimed with breach of duty to repair and of covenant for quiet enjoyment. F`s action was struck out and part of M`s counterclaim statute barred. F responded to an ammended counterclaim by pleading that it was entitled to set-off against any sum awarded to the defendant the sum of the outstanding service charge. This was dismissed on grounds that the set-off was a cross-claim for rent and was statute barred. F`s appeal that it was a true equitable set-off was allowed.
BREACH OF COVENANT
COVENANT FOR QUIET ENJOYMENT
FILROSS SECURITIES LTD V MIDGELEY
RENT ARREARS
REPAIRING COVENANT
SERVICE CHARGES
SET-OFF RIGHTS
STATUTE BARRED
UNPAID RENT
CA 21 July 1998. Landlord F issued proceedings against tenant M for arrears of service charges. M counterclaimed with breach of duty to repair and of covenant for quiet enjoyment. F`s action was struck out and part of M`s counterclaim statute barred. F responded to an ammended counterclaim by pleading that it was entitled to set-off against any sum awarded to the defendant the sum of the outstanding service charge. This was dismissed on grounds that the set-off was a cross-claim for rent and was statute barred. F`s appeal that it was a true equitable set-off was allowed.
BREACH OF COVENANT
COVENANT FOR QUIET ENJOYMENT
FILROSS SECURITIES LTD V MIDGELEY
RENT ARREARS
REPAIRING COVENANT
SERVICE CHARGES
SET-OFF RIGHTS
STATUTE BARRED
UNPAID RENT