Talisman Property Co (UK) Limited v Norton Rose (a firm)
Talisman Property Co (UK) Limited v Norton Rose (a firm)
- 2005
[2005] EWHC 85 (Ch), 1 February 2005. Considers the liability of a landlord's agent for the loss of a chance of payment for dilapidations and repairs due to their actions.The defendant (N ) was found to be negligent for having served a notice under the Landlord and Tenant Act 1954 s25 on the grounds of s30(f) of the Act, opposing the grant of a new tenancy, contrary to instructions. There had been some confusion as to who the tenant was that the notice was to be served on and N had served the notice to the wrong one. N argued that since L was the tenant throughout there was no loss suffered by its negligence as the notice it served on W was of no effect anyway. "Held": N's application to strike out the claim against for compensation was refused. The court did not have to identify who was the tenant but whether the T had a real prospect of succeeding.
LANDLORD AND TENANT ACT 1954 S25
TALISMAN PROPERTY CO (UK) LTD V NORTON ROSE
[2005] EWHC 85 (Ch), 1 February 2005. Considers the liability of a landlord's agent for the loss of a chance of payment for dilapidations and repairs due to their actions.The defendant (N ) was found to be negligent for having served a notice under the Landlord and Tenant Act 1954 s25 on the grounds of s30(f) of the Act, opposing the grant of a new tenancy, contrary to instructions. There had been some confusion as to who the tenant was that the notice was to be served on and N had served the notice to the wrong one. N argued that since L was the tenant throughout there was no loss suffered by its negligence as the notice it served on W was of no effect anyway. "Held": N's application to strike out the claim against for compensation was refused. The court did not have to identify who was the tenant but whether the T had a real prospect of succeeding.
LANDLORD AND TENANT ACT 1954 S25
TALISMAN PROPERTY CO (UK) LTD V NORTON ROSE