000 01607cam a2200229 4500
001 ABS65749
008 020802n2002 000 0 eng u
035 _a(Sirsi) u119167
245 _aMaunder Taylor v Blaquire
260 _c2002
490 _aEstates Gazette
_v[2002] 30 EG 135-139 (5)
520 _aCC 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.
590 _aABS
650 _aLANDLORD AND TENANT ACT 1987
650 _aSERVICE CHARGES
650 _aREPAIRING COVENANTS
650 _aMAUNDER TAYLOR V BLAQUIRE
650 _aLEASEHOLD VALUATION TRIBUNALS
650 _aSET-OFF
690 _aLANDLORD AND TENANT-CASE LAW
942 _n0
999 _c70887
_d70887