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Limiting distress

By: Language: English Series: Solicitors` Journal ; 138(20) 27 May 1994, 524(1)Publication details: 1994Subject(s): Summary: An update on the law of distress, reporting two cases which have arisen since Abs49659: "Eller v Grovecrest Investments Ltd" (1994) and "Eren v Tranmac Ltd" (1993). The outcome in both cases set limits on landlords` power, the first decision reversing the establised view that a tenant cannot use set-off as defence against a landlord`s distress.

An update on the law of distress, reporting two cases which have arisen since Abs49659: "Eller v Grovecrest Investments Ltd" (1994) and "Eren v Tranmac Ltd" (1993). The outcome in both cases set limits on landlords` power, the first decision reversing the establised view that a tenant cannot use set-off as defence against a landlord`s distress.