Source: All England Reporter
Publisher Citation: [2001] All ER (D) 156 (Feb)
Court: Chancery Division

Lightman J

Representation Stephen Boyd (instructed by Heyes Samuel, Ryde) for the claimant.
  Mark Wonnacott (instructed by Kingsford Stacey Blackwell agents for D'Angibau Willmot, Bournemouth) for the defendants.
Judgment Dates: 14 February 2001


Landlord and tenant - Rent - Claim for rent - Distress for rent - Set-off - Whether defendant entitled to levy distress when it did.

The Case

A legal set off, unlike an equitable set off, did not operate to reduce the indebtedness of the tenant to the landlord and therefore could not be offset against the arrears of rent accrued due at the date when the distress was levied.

Practice Areas

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