Cases - Connaught Restaurants Ltd v Indoor Leisure Ltd

Record details

Name

Connaught Restaurants Ltd v Indoor Leisure Ltd

Date

[1993]; [1993]; [1994]

Citation

2 EGLR 108; 46 EG 184, CA; 4 AII ER 834

Legislation

Landlord and Tenant Act 1985

Keywords

Commercial property - property management - dilapidations - tenant - claim against a landlord

Summary

Even though a tenant may have a claim for damages (or some other claim) against a landlord that it would be able to set-off against monies otherwise lawfully due to the landlord, it cannot do so if the covenant is to pay such monies to the landlord ‘without deduction or equitable set-off’ (or some such similar words). However, the words ‘without deduction’ alone do not prevent a set-off.