Maunder Taylor v Blaquiere
Maunder Taylor v Blaquiere
- 2002
- Estates Gazette [2003] 07 EG 138-145(8) Weekly Law Reports [2003] 1 WLR 379-394(15) .
[2002] EWCA Civ 1633 14 November 2002. Appeal against County Court decision (Abs65749) regarding the duty of care owed by claimant (M) to appellant tenant (B). Landlord (G) was in breach of a repairing covenant in respect of B's property. B applied under the Landlord and Tenant Act Part II to have M appointed as manager. M claimed service charge arrears from B. B counterclaimed for damages for disrepair on the basis that M owed the same duties of repair to B as the landlord did under the underlease. The County Court held that B was not entitled to set off against M's claims for service charges such sums as he might be entitled to claim by way of damages from the landlords for breach of covenant. CA dismissed B's appeal. Held that B was not entitled to set off his claim for damages. M was appointed by the LVT to undertake the duties required by the LVT order. M was not appointed as manager of the landlord to perform the landlord's obligations. M acts independently of G. His right to rent arrears and services charges arose from his appointment not from the lease. Therefore set-off was not available as an option. View judgment at www.courtservice.gov.uk.
MAUNDER TAYLOR V BLAQUIERE
LANDLORD AND TENANT ACT 1987 PART II
SERVICE CHARGES
REPAIRING COVENANTS
SET-OFF CLAIMS
[2002] EWCA Civ 1633 14 November 2002. Appeal against County Court decision (Abs65749) regarding the duty of care owed by claimant (M) to appellant tenant (B). Landlord (G) was in breach of a repairing covenant in respect of B's property. B applied under the Landlord and Tenant Act Part II to have M appointed as manager. M claimed service charge arrears from B. B counterclaimed for damages for disrepair on the basis that M owed the same duties of repair to B as the landlord did under the underlease. The County Court held that B was not entitled to set off against M's claims for service charges such sums as he might be entitled to claim by way of damages from the landlords for breach of covenant. CA dismissed B's appeal. Held that B was not entitled to set off his claim for damages. M was appointed by the LVT to undertake the duties required by the LVT order. M was not appointed as manager of the landlord to perform the landlord's obligations. M acts independently of G. His right to rent arrears and services charges arose from his appointment not from the lease. Therefore set-off was not available as an option. View judgment at www.courtservice.gov.uk.
MAUNDER TAYLOR V BLAQUIERE
LANDLORD AND TENANT ACT 1987 PART II
SERVICE CHARGES
REPAIRING COVENANTS
SET-OFF CLAIMS