Muscat v Smith (Record no. 73494)

MARC details
000 -LEADER
fixed length control field 02166cam a2200301 4500
001 - CONTROL NUMBER
control field ABS67087
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 030930n2003 000 0 eng u
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u123766
245 ## - TITLE STATEMENT
Title Muscat v Smith
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2003
490 ## - SERIES STATEMENT
Series statement Estates Gazette
Volume/sequential designation [2003] 40 EG 148-155(8)
490 ## - SERIES STATEMENT
Series statement Estates Gazette
Volume/sequential designation [2003] 30 EG 144 (CS)(1)
520 ## - SUMMARY, ETC.
Summary, etc. [2003] EWCA Civil 962, 10 July 2003. Appellant (M), a statutory tenant, had withheld rent because of lengthy, disruptive remedial work undertaken by the respondent landlord's (S) predecessor in title. On purchasing the freehold, S commenced possession proceedings against M because of rent arrears. M claimed an equitable set-off in respect of the arrears. The judge held that S was only liable to M for damages after purchasing the freehold and that M had no right of set-off against S for breaches of covenant by S's predecessor and had invalidated any possible right of set-off because of his delay in asserting it. As M could not pay off his arrears, a possession order was reasonable. M appealed. "Held" appeal allowed. The reasoning that, since the tenant had endured years of disrepair under the predecessor landlord without taking legal action, it would be unfair to allow his claim against the present landlord, was untenable. M did have an equitable set-off against the rent arrears that S had inherited. If M intended to rely on equitable set-off, he should await a claim for arrears and plead his damage in answer to it. The claim and counterclaim would be remitted to the County Court. View judgment at www.bailii.org.
590 ## - LOCAL NOTE (RLIN)
Local note ABS
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 REMEDIAL WORK
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 LOTTERYKING LTD V AMEC PROPERTIES LTD
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element LAW OF PROPERTY ACT 1925 S142
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element LAW OF PROPERTY ACT 1925 S141
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element SET-OFF
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element RENT ACT 1977 S98(1)
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element RENT ACT 1977 SCHED 15 CASE 1
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element SMITH V MUSCAT
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element LANDLORD AND TENANT-RESIDENTIAL TENANCIES-CASE LAW
856 ## - ELECTRONIC LOCATION AND ACCESS
Uniform Resource Identifier <a href="https://www.bailii.org/ew/cases/EWCA/Civ/2003/962.html">https://www.bailii.org/ew/cases/EWCA/Civ/2003/962.html</a>
Public note View judgment on the BAILII website...
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Suppress in OPAC 0
Holdings
Withdrawn status Lost status Source of classification or shelving scheme Damaged status Not for loan Home library Current library Shelving location Date acquired Total Checkouts Full call number Barcode Date last seen Copy number Price effective from Koha item type
    Dewey Decimal Classification     London London Journal article 30/09/2003   ABS67087 123766-1001 06/08/2019 1 06/08/2019 Law report