000			02003cab a2200241 4500
001			##L131494
008			051107n2005 000 0 eng u
035			_a(Sirsi) u131494
041	0		_aeng
245	0	0	_aEdlington Properties Ltd v J H Fenner and Co Ltd
260			_c2005
520			_a[2005] EWHC 2158, 20 October 2005. Considers whether a lessee's claim against an original lessor can be set-off against rent due to the new lessor after the commencement of the lease. Defendant (F) was the lessee of a site, the reversion to which was assigned to the claimant (E). The original lessor had granted F a lease to a factory it was to construct on the site. F claimed damages from the original lessor on the ground of the factory's defective construction and E brought proceedings against F to recover arrears of rent. "Held": F had no right to set-off. A landlord's right to sue for previously accrued arrears of rent was a chose-in- action. The reversion itself with its accompanying right to sue for future rent was not affected by equitable set-off. The Landlord and Tenant (Covenants) Act 1995 had been principally passed principally to enable a party to be released from the covenants of a tenancy on assignment of a lease or the reversion. SS3 and 23(1) of the Act made the benefit and burden of covenants pass with the estate for the future but left past rights and obligations with the assignor.
590			_aIKA081105
650	2	4	_aLANDLORD AND TENANT (COVENANTS) ACT 1995 S3
650	2	4	_aLANDLORD AND TENANT (COVENANTS) ACT 1995 S23(1)
650	2	4	_aMUSCAT V SMITH
650	2	4	_aREEVES V POPE
650	2	4	_aMORTGAGE CORPORATION V UBAH
650	2	4	_aLOTTERYKING LTD V AMEC PROPERTIES
690			_aPROPERTY-COMMERCIAL PROPERTY-LEASEHOLD COMMERCIAL PROPERTY-COMMERCIAL LANDLORD AND TENANT-BUSINESS TENANCIES-BREACHING BUSINESS TENANCIES
856	4	0	_uhttps://www.bailii.org/ew/cases/EWHC/QB/2005/2158.html _zView the judgment free of charge at www.bailii.org...
942			_n0
999			_c76121 _d76121