298. Offsetting payments under a notice served by the landlord.

For any amount that a subtenant1 pays under a notice served by the landlord2, he may deduct an equal amount from the rent3 that would be due to his immediate landlord under the sublease4. Subject to heads (1)–(5) below, this applies even if the subtenant's payment or part of it is not due under the notice, if it is not due because the notified amount5 has already been paid (wholly or partly, otherwise than under the notice)6, or because the notice has been replaced by a notice served on another subtenant7; but it does not apply:

  1.  

    (1)     if the