Edlington Properties Ltd v J H Fenner and Co Ltd
Edlington Properties Ltd v J H Fenner and Co Ltd
- 2006
- Estates Gazette [2006] 13 EG 141 (CS) (1) .
Concerns whether a tenant, where the reversion of a lease was transferred, might set off a damages claim arising from a breach by the original landlord against rent falling due after the transfer. Appeal by F against a HC decision ([2005] EWHC 2158 (QB), L131494) that it was not possible to set off a claim for damages in such circumstances. F contended that a tenant's right of equitable set-off against the original landlord was a right that ran with the land and therefore was enforceable against a purchase of the reversion. "Held": appeal dismissed. The tenant could not set off the damages claim unless the lease specifically provided for such a right.
EDLINGTON PROPERTIES LTD V J H FENNER AND CO LTD
REEVES V POPE
MUSCAT V SMITH
NATIONAL PROVINCIAL BANK V AINSWORTH
CONNAUGHT RESTAURANTS LTD V INDOOR LEISURE LTD
Concerns whether a tenant, where the reversion of a lease was transferred, might set off a damages claim arising from a breach by the original landlord against rent falling due after the transfer. Appeal by F against a HC decision ([2005] EWHC 2158 (QB), L131494) that it was not possible to set off a claim for damages in such circumstances. F contended that a tenant's right of equitable set-off against the original landlord was a right that ran with the land and therefore was enforceable against a purchase of the reversion. "Held": appeal dismissed. The tenant could not set off the damages claim unless the lease specifically provided for such a right.
EDLINGTON PROPERTIES LTD V J H FENNER AND CO LTD
REEVES V POPE
MUSCAT V SMITH
NATIONAL PROVINCIAL BANK V AINSWORTH
CONNAUGHT RESTAURANTS LTD V INDOOR LEISURE LTD