Edlington Properties Ltd v J H Fenner and Co Ltd: QBD 20 Oct 2005

The landlord sought repayment of arrears of rent. The tenant sought to raise a set off which had arisen against the landlord’s predecessor arising from defects in the property they had constructed.
Held: The tenant had no right of set off. Muscat established a right where the arrears had arisen during the prior to the assignment of the landlord’s interest. However the 1995 Act operated to leave past rights and obligations with the assignor. A landlord of a tenancy granted after the 1995 Act could not now claim the rent arrears which had accrued before the assignment. Equally, the equitable assignment of the burden of any right of set off was not transmitted.


Bean J


[2006] 1 All ER 98, Times 04-Nov-2005, [2005] EWHC 2158 (QB)




Law of Property Act 1925 141, Landlord and Tenant (Covenants) Act 1995 3 23(1)


England and Wales


CitedSmith v Muscat CA 10-Jul-2003
The tenant was sued by his landlord for arrears of rent, but sought an equitable set-off for damages for disrepair accruing under the previous landlord.
Held: If the entitlement to recover arrears of rent passes from assignor to assignee, and . .
CitedBritish 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 by:

Appeal fromEdlington Properties Limited v J H Fenner and Co Limited CA 22-Mar-2006
The landlord had assigned the reversion of the lease. There was an outstanding dispute with the tenant defendant who owed arrears of rent, but sought to set these off against a claim for damages for the landlord’s failure to construct the factory in . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant, Construction

Updated: 16 August 2022; Ref: scu.234455