The tenant, Mr Smith, refused to pay rent to the elderly landlady, Ms Rolf, because she had not repaired the property. The defendant agent paid the rent from his own pocket, expecting to recover it when the rent was eventually paid. When he failed to obtain the rent, he distrained and recovered andpound;180, which was the rent due, less deductions for repairs. The plaintiff sued for damages, contending that the distraint was unlawful because the rent had been paid by the defendant. He admitted that the rent was paid without his knowledge and not at his request.
Held: The judge found for the defendant. There was no evidence that: ‘the defendant acted or purported to act or regarded himself as acting as the agent of the plaintiff. The view which I take of this transaction is that the defendant did no more than advance out of his own pocket to an elderly impecunious landlord money which he did not wish her to be without for any length of time and so he took the risk of recouping himself later on. That being so, this action must fail because it is based on the allegation that there was an illegal distress, on the ground that the plaintiff had paid his rent or that somebody had paid it for him.’ As between a tenant and a landlord, if a stranger or third person purported to make a discharge of rent, the landlord was entitled to reject the payment.
Judges:
Humphreys J
Citations:
[1942] 2 KB 558
Citing:
Applied – Simpson v Eggington 9-Feb-1855
It is a good answer to a plea of set-off, that the amount has heen paid by a person professing to act as agent for and on account of the plaintiff, though without his authority, and that the latter ratified the act at the time of the trial. The . .
Lists of cited by and citing cases may be incomplete.
Contract, Landlord and Tenant
Updated: 01 May 2022; Ref: scu.276501