Fuller v Happy Shopper Markets Ltd and another (Record no. 67590)

MARC details
000 -LEADER
fixed length control field 02165cam a2200253 4500
001 - CONTROL NUMBER
control field ABS64168
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 000000n2001 000 0 eng u
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u113445
245 ## - TITLE STATEMENT
Title Fuller v Happy Shopper Markets Ltd and another
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2001
490 ## - SERIES STATEMENT
Series statement Estates Gazette
Volume/sequential designation [2001] 25 EG 159-164(6)
520 ## - SUMMARY, ETC.
Summary, etc. ChD 14 February 2001. The claimant tenant (F) occupied a shop with residential accommodation, which he held on a 21 year lease granted by the defendant landlord (H). In January 1994 the shop was severely damaged by a storm. F continued to pay the full rent until September 1995, but then ceased his payments. Under the insurance provisions of the lease only 30-40% of the rent was payable while the shop was in disrepair. F made no demand for repayment. In February 1997 H levied distress for arrears of rent, and the bailiffs sold the goods in the shop, allegedly undervaluing them. F claimed the distress was unlawful, as H was bound to return earlier rent payments mistakenly made. The court considered whether H should have been notified of F's claim beforehand, and whether A had an immediate right to repayment at the date of distress. The Human Rights implications were also considered. "Held": On the proper construction of the settlement agreement the damages claimed were to be ignored; F was entitled to immediate repayment of the overpayment without any prior demand for such payment; the legal right of set-off cannot be offset against rent arrears where a landlord is exercising his remedy of distress; and that F was entitled to invoke the doctrine of equitable set-off, the self help remedy of distress interfering with F's human rights under the European Convention of Human Rights Art 1 and Art 8.
590 ## - LOCAL NOTE (RLIN)
Local note ABS
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element DISREPAIR
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element DISTRESS
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element EQUITABLE SET-OFF
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS FIRST PROTOCOL ART 1
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element FULLER V HAPPY SHOPPER MARKETS
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element OVERPAYMENT
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element RENT
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element RENT ARREARS
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element LANDLORD AND TENANT-BUSINESS TENANCIES-CASE LAW
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Suppress in OPAC 0
Holdings
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    Dewey Decimal Classification     London London Journal article 04/07/2001   ABS64168 113445-1001 06/08/2019 1 06/08/2019 Law report