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View Full Version : Do courts accept linking damages to unpaid rent?



dbullen
18-02-2008, 12:59 PM
Hi guys.
Just wondering what experience you have of whether courts usually accept that damage counter claims can be made against unpaid rent claims? I thought there was no provision in law to withhold rent for damages, so shouldn't the court order that any damanges claim would have to be a claim in it's own right - not a counterclaim?
Thanks,
Dean

davidjohnbutton
18-02-2008, 13:30 PM
Its what is known as an offset claim. If you owe someone £100 rent and you claim that this same person owes you a figure of damages which you assess as £50, then you can set that off against what you owe him.

A court, if it agrees with you would make the same provisio.

dbullen
19-02-2008, 06:21 AM
Thanks, David