Maunder Taylor v Blaquire
Series: Estates Gazette ; [2002] 30 EG 135-139 (5)Publication details: 2002Subject(s): Summary: CC 14 June 2002. Claimant (M) was appointed manager of a block of flats by the leasehold valuation tribunal (LVT) under the Landlord and Tenant Act 1987 as the landlord was in administrative receivership. M claimed arrears of service charges against defendant tenant (B) who counter-claimed for damages for disrepair. B contended that M as manager owed the same duties of repair as the landlord under the flat's lease and he would be liable for the breach of obligations from the date of his appointment. Furthermore B was entitled to set off his claim for damages against the service charge claim. "Held" The manager did not owe the tenant the duty of, or equivalent to, that owed by the landlord and that the imposition of such duties would be inconsistent with the scheme under Part XI of the 1987 Act. The set-off of damages against service charges would be inequitable as the funds held by the manager were subject to statutory trust against which it would not be appropriate to allow a set-off.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS65749 (Browse shelf(Opens below)) | 1 | Available | 119167-1001 |
CC 14 June 2002. Claimant (M) was appointed manager of a block of flats by the leasehold valuation tribunal (LVT) under the Landlord and Tenant Act 1987 as the landlord was in administrative receivership. M claimed arrears of service charges against defendant tenant (B) who counter-claimed for damages for disrepair. B contended that M as manager owed the same duties of repair as the landlord under the flat's lease and he would be liable for the breach of obligations from the date of his appointment. Furthermore B was entitled to set off his claim for damages against the service charge claim. "Held" The manager did not owe the tenant the duty of, or equivalent to, that owed by the landlord and that the imposition of such duties would be inconsistent with the scheme under Part XI of the 1987 Act. The set-off of damages against service charges would be inequitable as the funds held by the manager were subject to statutory trust against which it would not be appropriate to allow a set-off.