Removing right of offset

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    Removing right of offset

    Has come up on another forum I visit. Would a term in an AST removing the right of offset be an unfair term?
    Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

    #2
    In my opinioon it would because at common law, if you are owed some money by someone but yet you (allegedly) owe that person something then, when it gets to court, they have the right to submit a counterclaim effectively offsetting your own claim against them.

    The unfair contract terms legislation calls any term unfair which restricts the ordinary rights of the tenant or puts them into an unbalanced situation where their rights are less than the rights of the other person to the contract.

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      #3
      As I thought, thanks DJB
      Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

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        #4
        Just to add. Any clause denying the tenant the right to offset or deduct monies from the rent is likely to be considered an unfair term as the tenant might only have that remedy if the landlord was either slow or ignored their obligations under S.11 of the Landlord & Tenant Act 1985. to keep the property in a good state of repair!
        The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

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