000			01421cab a2200193 4500
001			ABS44699
008			090401t1991 xxu||||| |||| 00| 0 eng d
035			_a(Sirsi) u48603
041			_aeng
245			_aTelevantos v McCulloch
260			_c1991
350			_a0
490			_aEstates Gazette _v(1991) 19 EG 118-122(3)
520			_aCA 4 December 1990. The plaintiff (X) claimed possession of a flat from the defendant (Y) on the grounds of rent arrears under Rent Act 1977 sched 15 case 1 . Y had deducted and withheld from her rent the sum of £2,274 on the grounds of breach of covenant due to disrepair under Landlord and Tenant Act 1985 s11 . At the original hearing Y was awarded £2,700 in respect of her counter claim but although this sum exceeded the arrears the judge ordered Y to give up possession within five months. X appealed against the decision on the grounds that there was now no unpaid rent as the sum for damages counter balanced it. The HC had held that there was unpaid rent as it should not have been set-off against the repairs compensation but each should have stood as independent figures. CA held that this was not the case as the sum for damages was directly related to the rent arrears. A claim by X that the damages sum was excessive was also dismissed.
650			_aLAW CASE
690			_aLANDLORD AND TENANT-CASE LAW-RESIDENTIAL TENANCIES
942			_n0
948			_c04/03/1997
999			_c30531 _d30531