Case Summary:

Title: Hellings v Parker Breslin Estates (1994)

Summary:  Plaintiffs employ agent to let flat - tenants fail to vacate - whether letting agents in breach of duty of skill and care - Judgement for plaintiffsPlaintiffs owned a flat  which they occupied until May 1982 when they purchased a house nearby.

Defendant letting agents, who had been instructed to find occupiers for the flat and to make arrangements enabling the plainiffs to recover possession at the end of the term granted so that it could be sold, allowing SB into possession on Dec 20 1982 giving her notice under case 11 of Schedule 15 to the Rent aCt 1977 that the owners would require possession when the tenancy agreement ended.

At the expiration of the term, SB did not give up possession and, in possession proceedings for arrears of rent, the plaintiff's soliicitors did not rely on case 11 because they were not satisfied that the plaintiffs intended to resume occupation of the flat.  The plaintiffs claimed damages against the defendants alleging that they were negligent in failing to appreciate that the plaintiffs could not satisfy case 11 as they intended to sell the flat.

Held:  That the first plaintiff had made it plain to the defendants that it was important to be able to recover possession of the flat at the end of the term.  The defendant's failure, prior to the letting to SB, to warn the plaintiiffs that they could not recover possession under a case 11 letting unless the plaintiffs required  the flat as their residence was negligent.

Citation:

Hellings v Parker Breslin Estates (1994), Chancery Division. July 12th 1994.