A judicial set-off may

Application pratique:

Under this case law, a court can order a judicial set-off even when legal set-off conditions are not fully met. The landlord should keep all invoices and correspondence, and if sued for the full rent, the tenant can counterclaim for the repair costs. A judge may deduct the repair sum from the rent owed, reducing the debt to €400 without the tenant needing a separate lawsuit. Gather all evidence and raise the set-off argument early.

Application pratique:

The court may apply judicial set-off, allowing the seller's claim for the balance to be reduced by the defect compensation, even before the exact amount is ruled. The buyer should immediately instruct a surveyor to document the damp, get quotes, and file a counterclaim if sued. The judge can net off the sums, so the buyer may only owe €32,000 pending full assessment. Never withhold payment without legal advice—use this mechanism properly.

Application pratique:

Judicial set-off allows the court to set off these connected debts in the interest of fairness. Owner A should bring evidence of both debts to court if sued for the charges, and request that the judge offset the personal loan against the syndicate debt. This prevents a unjust result where A must pay while being owed a sum from B. Maintain clear records of all transactions and raise the set-off defence promptly.