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Part V Enforcement, 21 Enforcement of Rights not including the Transfer of Title

From: The Law of Security and Title-Based Financing (3rd Edition)

Hugh Beale, Michael Bridge, Louise Gullifer, Eva Lomnicka

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 16 April 2024

Guarantees and security — Set-off

This chapter talks about the enforcement of rights in the case of quasi-security, which, apart from not being true security, does not involve the enforcement of a proprietary right. Non-consensual examples are few and far between. A former example of such a right was a landlord’s right, under section 6 of the Law of Distress (Amendment) Act 1908, to direct a sub-tenent to pay subrents directly to him in the event of a tenant’s failure to pay the rent. The landlord’s right was the equivalent of serving a third-party enforcement (formerly garnishee) order without having to go to court to procure the order. The only surviving example of a non-consensual right, it seems, is set-off.

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