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

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


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

If you are a LexisLibrary subscriber you can read more about this case here.