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At least unjust outcome

By: Series: Estates Gazette ; (0338) 20 September 2003, 143(1)Publication details: 2003Subject(s): Summary: Discusses "Smith v Muscat" [2003] EWCA Civ 962, which held that a tenant under a pre-1996 lease who is sued for arrears of rent is able to set off a damages claim that has accrued against a previous landlord. Warns assignees of the reversions of post-1995 leases governed by the Landlord and Tenant Act (Covenants) Act 1995 s141 to consider their position carefully.

Discusses "Smith v Muscat" [2003] EWCA Civ 962, which held that a tenant under a pre-1996 lease who is sued for arrears of rent is able to set off a damages claim that has accrued against a previous landlord. Warns assignees of the reversions of post-1995 leases governed by the Landlord and Tenant Act (Covenants) Act 1995 s141 to consider their position carefully.