Nil desperandum

Densham, Will

Nil desperandum - 2008 - Estates Gazette (0846) 22 November 2008, 110-111(2) .

Article looks at the judgement in Scottish and Newcastle PLC v Raguz [2008] UKHL 65 and discusses the implications for landlords seeking to reclaim unascertained sums from former tenants and their guarantors. The author looks at statements of account and highlights the fact that as a result of this judgement, the future use of nil notices looks unlikely. Confusion over which procedure to follow remains and a flow chart is provided to help landlords and managing agents.


SCOTTISH & NEWCASTLE PLC V RAGUZ
COMMERCIAL UNION LIFE ASSURANCE CO LTD V MOUSTAFA
LANDLORD AND TENANT (COVENANTS) ACT 1995


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