The landlord claimed for unpaid rent and the tenant counterclaimed for damages for breach by the landlord of the implied covenant to repair the roof of the premises demised.
Held: The cross-claim was no defence to an action for rent.
Judges:
Scruton J
Citations:
[1916] 1 KB 646
Citing:
Applied – Surplice v Farnsworth 1844
. .
Cited by:
Not followed – 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 . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 01 May 2022; Ref: scu.247752
