Although this particular case concerns a commercial lease, the legal principles apply to all agency work. Solicitors had failed to tell their client, a Mr Khokher of a change of address of the landlord. Mr Khokher them proceeded to serve a rent review notice at the old address. The Court of Appeal held that the notice was
[...]Case Summary:
Norwich County Court, 13 Aug 1996.
Tenant applies to let property from letting agent. Agent receives deposit from tenant, and passes money to landlord. Landlord withdraws property (and keys) - saying he wanted to move back in. Tenant sues the agent for breach of promise.
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Summary: Plaintiffs employ agent to let flat - tenants fail to vacate - whether letting agents in breach of duty of skill and care - Judgement for plaintiffs. Plaintiffs 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
[...]Held: Agent is responsible for taking due checks before putting tenant in property. Agent was negligent in allowing prospective tenant to take possession without payment of a deposit of rent in advance.
In Brutton v Alfred Savill, Curtis & Henson,(1971), an office junior employed by the agents allowed a prospective tenant to take possession of premises without
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