Tribunals, Courts and Enforcement Act 2007

Prospective

82 Off-setting payments under a notice E+W

(1) For any amount that a sub-tenant pays under a notice under section 81, he may deduct an equal amount from the rent that would be due to his immediate landlord under the sub-lease.

(2) If an amount is deducted under subsection (1) or this subsection from rent due to a superior sub-tenant, that sub-tenant may deduct an equal amount from any rent due from him under his sub-lease.

(3) Subsection (1) applies even if the sub-tenant's payment or part of it is not due under the notice, if it is not due because—

(a) the notified amount has already been paid (wholly or partly otherwise than under the notice), or

(b) the notice has been replaced by a notice served on another sub-tenant.

(4) That is subject to the following.

(5) Subsection (1) does not apply if the landlord withdraws the notice before the payment is made.

(6) Where the notified amount has already been paid (or will be exceeded by the payment), subsection (1) does not apply (or does not apply to the excess) if the sub-tenant has notice of that when making the payment.

(7) Subsection (1) does not apply if, before the payment is made, payments under the notice at least equal the notified amount.

(8) Subsection (1) does not apply to a part of the payment if, with the rest of the payment, payments under the notice at least equal the notified amount.

(9) Where the notice has been replaced by one served on another sub-tenant, subsection (1) does not apply if the sub-tenant has notice of that when making the payment.