Edlington Properties Ltd v J H Fenner and Co Ltd (Record no. 76121)

MARC details
000 -LEADER
fixed length control field 02003cab a2200241 4500
001 - CONTROL NUMBER
control field ##L131494
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 051107n2005 000 0 eng u
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u131494
041 0# - LANGUAGE CODE
Language code of text/sound track or separate title eng
245 00 - TITLE STATEMENT
Title Edlington Properties Ltd v J H Fenner and Co Ltd
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2005
520 ## - SUMMARY, ETC.
Summary, etc. [2005] EWHC 2158, 20 October 2005. Considers whether a lessee's claim against an original lessor can be set-off against rent due to the new lessor after the commencement of the lease. Defendant (F) was the lessee of a site, the reversion to which was assigned to the claimant (E). The original lessor had granted F a lease to a factory it was to construct on the site. F claimed damages from the original lessor on the ground of the factory's defective construction and E brought proceedings against F to recover arrears of rent. "Held": F had no right to set-off. A landlord's right to sue for previously accrued arrears of rent was a chose-in- action. The reversion itself with its accompanying right to sue for future rent was not affected by equitable set-off. The Landlord and Tenant (Covenants) Act 1995 had been principally passed principally to enable a party to be released from the covenants of a tenancy on assignment of a lease or the reversion. SS3 and 23(1) of the Act made the benefit and burden of covenants pass with the estate for the future but left past rights and obligations with the assignor.
590 ## - LOCAL NOTE (RLIN)
Local note IKA081105
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element LANDLORD AND TENANT (COVENANTS) ACT 1995 S3
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element LANDLORD AND TENANT (COVENANTS) ACT 1995 S23(1)
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element MUSCAT V SMITH
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element REEVES V POPE
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element MORTGAGE CORPORATION V UBAH
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element LOTTERYKING LTD V AMEC PROPERTIES
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element PROPERTY-COMMERCIAL PROPERTY-LEASEHOLD COMMERCIAL PROPERTY-COMMERCIAL LANDLORD AND TENANT-BUSINESS TENANCIES-BREACHING BUSINESS TENANCIES
856 40 - ELECTRONIC LOCATION AND ACCESS
Uniform Resource Identifier <a href="https://www.bailii.org/ew/cases/EWHC/QB/2005/2158.html">https://www.bailii.org/ew/cases/EWHC/QB/2005/2158.html</a>
Public note View the judgment free of charge at www.bailii.org...
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Suppress in OPAC 0
Holdings
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    Dewey Decimal Classification     Virtual Virtual Online 07/11/2005   ONLINE PUBLICATION 131494-2001 06/08/2019 1 06/08/2019 Law report