Where a party has fairly laid out money on repairing what he was not bound to repair, a court of equity might grant him relief. The tenant had paid andpound; 30 but Lord Kenyon still regarded the cross-claim as one for uncertain damages. The quantum of the sum must have been either unchallenged or unchallengeable before it could be regarded as deductible.
Judges:
Lord Kenyon
Citations:
(1795) 6 TR 488
Cited by:
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 . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant, Equity
Updated: 12 April 2022; Ref: scu.247744
