At least unjust outcome

Murdoch, S.

At least unjust outcome - 2003 - Estates Gazette (0338) 20 September 2003, 143(1) .

Discusses "Smith v Muscat" [2003] EWCA Civ 962, which held that a tenant under a pre-1996 lease who is sued for arrears of rent is able to set off a damages claim that has accrued against a previous landlord. Warns assignees of the reversions of post-1995 leases governed by the Landlord and Tenant Act (Covenants) Act 1995 s141 to consider their position carefully.


SMITH V MUSCAT
EQUITABLE SET-OFF
REMEDIAL WORK
DISREPAIR
LOTTERY KING LTD V AMEC PROPERTIES LTD
LAW OF PROPERTY ACT 1925 S141
LAW OF PROPERTY ACT 1925 S142
SET-OFF
RENT ACT 1977 S98(1)
RENT ACT 1977 SCHED 15 CASE 1