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 he had had no heating or hot water for 12 months which on immediate investigation turned out that his gas meter had been removed by the gas board!)

The tenant is entitled to set off against a claim for rent a counterclaim for damages for breach of the landlord’s repairing obligations ... Please login or signup to continue reading this content

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