Edlington Properties v JH Fenner and Co
Gordon, Warren
Edlington Properties v JH Fenner and Co - 2005 - Property Week 70(45) 11 November 2005, 75(1) .
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.
LANDLORD AND TENANT (COVENANTS) ACT 1995
EDLINGTON PROPERTIES LTD V JH FENNER AND CO LTD
Edlington Properties v JH Fenner and Co - 2005 - Property Week 70(45) 11 November 2005, 75(1) .
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.
LANDLORD AND TENANT (COVENANTS) ACT 1995
EDLINGTON PROPERTIES LTD V JH FENNER AND CO LTD