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...

Where repairs are required on a property, the tenant is entitled at common-law in certain circumstances to set off from the rent, any damages they may be entitled to as a result of the landlord breach of his duty to repair. However, where housing benefit is concerned, 8 weeks arrears refers to the contractual liability of rent and should not include any set off. CH 4108 2005 ... Please login or signup to continue reading this...