The following Property Q&A Produced in partnership with Helen Galley of XXIV Old Buildings provides comprehensive and up to date legal information covering:
The managing agent in this case is the agent of the landlord even if the fees charged by the agent are recoverable from the tenants as part of the service charge in accordance with the terms of their leases. The question suggests that there is a written contract between land and agent. Consequently, the outcome in the situation described is subject to any express terms in any such contract. The agent will owe a duty of care in contract and in tort to act with the degree of skill and care to be expected of a reasonably competent managing agent. If, as suggested, it is expressly provided by the contract that the agent will carry out quarterly inspections of the property and the agent failed to do so then there will be a breach of contract and most probably a breach of the tortious duty of care. The question states that the tenants have unlawfully sublet the house and that the subtenants have caused significant damage. Had the landlord been aware of this before the tenants moved out, it would have been entitled to seek to forfeit the lease in favour of the tenants and, no doubt also bring a claim against the tenant for breach of the repairing covenant which will almost certainly be included in the lease.
It needs to be borne in
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Codicils may be used for making any alteration in a Will such as to alter the executors or make changes in legacies, whether by addition or deletion but that is by no means their only use. As a general rule, substantial changes are best achieved by means of a new Will and codicils are more
The Standard Conditions of Sale (SCS), currently in their 5th edition (2018 revision), are a set of standard conditions which are commonly incorporated into contracts for the sale of residential property. The Standard Commercial Property Conditions (Third Edition—2018 Revision) (SCPC) are used for
Deceit—what is it?A deceit occurs when a misrepresentation is made with the express intention of defrauding a party, subsequently causing loss to that party.The elements of a claim in deceit are:•a clear false representation of fact or law•fraud by the maker, in the sense that they knew that the
This Practice Note considers claims for damages for breach of statutory duty. For guidance on claims for damages for a negligent breach of duty of care outside a statutory duty, see Practice Notes:•Negligence—when does a duty of care arise?•Negligence—when is the duty of care breached?Breach of
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