Filross Securities Ltd v Midgeley
Language: English Series: Estates Gazette ; [1998] 43 EG 134-137(4)Publication details: 1998Subject(s): Summary: CA 21 July 1998. Landlord F issued proceedings against tenant M for arrears of service charges. M counterclaimed with breach of duty to repair and of covenant for quiet enjoyment. F`s action was struck out and part of M`s counterclaim statute barred. F responded to an ammended counterclaim by pleading that it was entitled to set-off against any sum awarded to the defendant the sum of the outstanding service charge. This was dismissed on grounds that the set-off was a cross-claim for rent and was statute barred. F`s appeal that it was a true equitable set-off was allowed.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS59501 (Browse shelf(Opens below)) | 1 | Available | 89441-1001 |
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CA 21 July 1998. Landlord F issued proceedings against tenant M for arrears of service charges. M counterclaimed with breach of duty to repair and of covenant for quiet enjoyment. F`s action was struck out and part of M`s counterclaim statute barred. F responded to an ammended counterclaim by pleading that it was entitled to set-off against any sum awarded to the defendant the sum of the outstanding service charge. This was dismissed on grounds that the set-off was a cross-claim for rent and was statute barred. F`s appeal that it was a true equitable set-off was allowed.