Right to Set Off

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Post Tenancy, Rent, Repairing Obligations

July 9, 2011

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Fearns (t/a “Autopaint International”) v Anglo-Dutch Paint & Chemical Company Ltd & Ors [2010] EWHC 2366 (Ch) Set off One of the main problems of the notice seeking possession (section 8 notice) usually used for rent arrears claims is the tenant’s make a claim against the landlord for random disrepair issues, often never previously notified to the landlord (I had exactly this type of case where the tenant pleaded in court that...

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