The landlord claimed arrears of rent and other payments due under the lease of the football ground occupied by the club. A licence had been granted for the accomodation to be shared with Wimbledon Football Club. The rent varied with the gate receipts, and side letters provided for sums payable under the licence to be made to the landlords. One question was whether the licence agreement was supervened by an operating agreement when Wimbledon moved to Milton Keynes.
Held: A playoff match to decide on promotion to the Premiership was a League match and not a Cup match within the definitions in the lease and the receipts fell within the turnover rent calculations. Excess payments had been made in error for complimentary tickets, but the lease did not allow any set off. The words ‘without any deduction or set-off’, were clear and sufficient to exclude any set off. There was no agreement to displace the rule that an early payment of rent did not displace a sum due later. The turnover rent was to ba calculated on a receipts basis.
Judges:
Lightman J
Citations:
[2005] EWHC 292 (Ch)
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Star Rider Limited v Inntrepreneur Pub Co 1998
A provision in the lease requiring payment of the rent ‘without any deduction or set off whatsoever’ was effective to exclude any right of deduction or set-off. . .
Cited – SL Sethia Liners Ltd v Naviagro Maritime Corporation 1981
The right of deduction and set off under a lease was ‘essentially an act of self-help’. . .
Cited – Federal Commerce Ltd v Molena Alpha Inc; (The ‘Nanfri’) CA 1978
The court considered whether claim as against a shipowner could be set off against sums due under a time charter hire.
Held: Save for any contractual provision to the contrary a tenant is entitled to deduct from the rent payable, so as to . .
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 . .
Cited – Lord Ashburton v Nocton CA 1915
The parties to a lease can agree that an early payment of rent will satsify the duty to pay rent due later, displacing the rule that an early payment does not satisfy a later duty to make payment. . .
Cited – Nocton v Lord Ashburton HL 19-Jun-1914
The defendant solicitor had persuaded his client to release a charge, thus advancing the solicitor’s own subsequent charge on the same property. The action was started in the Chancery Division of the High Court. The statement of claim alleged fraud . .
Cited – De Nicholls v Saunders 1870
The existence of an agreement (and the payment in appropriate circumstances may evidence an agreement) between the landlord and tenant that on the day that the rent becomes due an earlier payment shall be treated as a fulfilment of the obligation to . .
Distinguished – SB Property Co Ltd v Chelsea Football and Athletic Co Ltd ChD 6-Nov-1990
Clause 1 of the lease provided that the quarterly rent should be the higher of: (a) the amount payable by the landlord as interest on certain borrowings; and (b) 10% of the Club’s gross receipts as defined. The question arose as to treatment of . .
Cited by:
Cited – Remblance v Octagon Assets Ltd CA 17-Jun-2009
A statutory demand was served against the guarantor of the lease after rent arrears arose. He applied for the demand to be set aside, and now appealed against its refusal. He said that the court would have set aside such a demand against the tenant, . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 11 February 2022; Ref: scu.223690
