A landlord’s debt to a tenant could not be set off against distress, not because rent is something special, but because distress is something special–not an action, but a remedy without action.
(1743) Barnes 450
England and Wales
Cited – British Anzani (Felixstowe) Ltd v International Marine Management (UK) Ltd ChD 19-Dec-1978
Money expended by a tenant on discharging his landlord’s covenants will in appropriate circumstances operate as a partial or a complete discharge so as to furnish a defence at law to a claim for unpaid rent; and where the tenant has suffered damage . .
These lists may be incomplete.
Updated: 09 May 2021; Ref: scu.247746