Source: All England Reporter
Publisher Citation: [2002] All ER (D) 190 (Nov)
Neutral Citation: [2002] EWCA Civ 1633
Court: Court of Appeal, Civil Division
Judge:

Aldous, Tuckey and Longmore LJJ

Representation Timothy Fancourt (instructed by Gisby Harrison, Waltham Cross) for the claimant.
  Nicholas Dowding QC and Anthony Tanney (instructed by Cawdery Kaye Fireman & Taylor) for the defendant.
Judgment Dates: 14 November 2002

Catchwords

Set-off - Equitable set-off - Right to set-off - Tribunal appointing claimant manager of property - Claimant making claim for service charges - Defendant seeking to set-off claims against landlord - Right to set-off claims against landlord against claim made by manager - Pt II.

The Case

The purpose of PtII of the was to provide a scheme for the appointment of a manager who would carry out the functions required by the court in relation to a tenanted property. A manager came in with a clean sheet and was able to collect service charges due from tenants. It would have made a nonsense of the legislation if any or all of the tenants could have set-off, against such a claim for service charges, claims that they might have had against the landlord.

Practice Areas

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