Cases - Gordon v Selico Co Ltd
Record details
- Name
- Gordon v Selico Co Ltd
- Date
- [1986]
- Citation
- 1 EGLR 71
- Legislation
- Keywords
- Dilapidations
- Summary
-
Estate agency
Selico was the landlord of a block of flats. Selico's managing agent employed a builder to carry out work to one of the flats in order to sell it. With the knowledge of the managing agent, the builder deliberately covered up evidence of extensive dry rot. The concealment of the dry rot was held to be a misrepresentation.
The Court of Appeal stated that Select, through the surveyor, must have been fully aware of what the builder was doing and so was a party to the fraud. As Select had actual or ostensible authority as managing agents for Selico to sell a lease of the flat and 'make any representations with a view to selling', Selico was liable to the purchasers for its managing agent's deceit.
Dilapidations case law
Where there is comprehensive provision for repairs in a written tenancy agreement, it will generally mean that there are no grounds for implying such a term in relation to retained (or common) parts.