000			02037cam a2200241 4500
001			ABS66454
008			021128n2002 000 0 eng u
035			_a(Sirsi) u121395
245			_aMaunder Taylor v Blaquiere
260			_c2002
490			_aEstates Gazette _v[2003] 07 EG 138-145(8)
490			_aWeekly Law Reports _v[2003] 1 WLR 379-394(15)
520			_a[2002] EWCA Civ 1633 14 November 2002. Appeal against County Court decision (Abs65749) regarding the duty of care owed by claimant (M) to appellant tenant (B). Landlord (G) was in breach of a repairing covenant in respect of B's property. B applied under the Landlord and Tenant Act Part II to have M appointed as manager. M claimed service charge arrears from B. B counterclaimed for damages for disrepair on the basis that M owed the same duties of repair to B as the landlord did under the underlease. The County Court held that B was not entitled to set off against M's claims for service charges such sums as he might be entitled to claim by way of damages from the landlords for breach of covenant. CA dismissed B's appeal. Held that B was not entitled to set off his claim for damages. M was appointed by the LVT to undertake the duties required by the LVT order. M was not appointed as manager of the landlord to perform the landlord's obligations. M acts independently of G. His right to rent arrears and services charges arose from his appointment not from the lease. Therefore set-off was not available as an option. View judgment at www.courtservice.gov.uk.
590			_aABS
650			_aMAUNDER TAYLOR V BLAQUIERE
650			_aLANDLORD AND TENANT ACT 1987 PART II
650			_aSERVICE CHARGES
650			_aREPAIRING COVENANTS
650			_aSET-OFF CLAIMS
690			_aLANDLORD AND TENANT-RESIDENTIAL TENANCIES-CASE LAW
856			_uhttps://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWCA/Civ/2002/1633.html&query=Maunder+and+Taylor+and+v+and+Blaquiere&method=boolean _zView the judgment free of charge at www.bailii.org
942			_n0
999			_c72134 _d72134