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Property Law and Real Estate

Selected Works

2009

Equity

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Full-Text Articles in Law

A Tenant's Right To Set-Off, Michael Weir Sep 2009

A Tenant's Right To Set-Off, Michael Weir

Michael Weir

In this article the author will discuss the attributes of set-off at common law and in equity. The decision of British Anzani (Felixstowe) Ltd ν International Marine Management (UK Ltd), has provided an impetus to the doctrine of equitable set-off in its application to leases. This case confirms α considerable latitude to a tenant to set off liquidated and unliquidated damages against rental. The author will then discuss the rules of set-off against a landlord constituted by a mortgagee in possession. This discussion will reveal that the application of set-off in that circumstance is dependent upon the local statutory provisions …