Cases - Lemmerbell Ltd v Britannia LAS Direct Ltd
Record details
- Name
- Lemmerbell Ltd v Britannia LAS Direct Ltd
- Date
- [1998]
- Citation
- 3 EGLR 67
- Legislation
- Keywords
- Estate agency
- Summary
-
This case concerned the service of a tenant's notice to operate a break clause. The notice was served by an associate company of the tenant. The Court of Appeal distinguished the case on the facts from the Townsends Carriers case and found there was insufficient evidence of a general agency. Therefore the notice was void. This case illustrates the truism that each case turns on its own facts. Whether there is a general agency is a question of fact in the circumstances of the case. So, for example, the payment of and acceptance of rent does not necessarily indicate agency.
It may, as in Dun & Bradstreet Software Services (England) Ltd v Provident Mutual Life Assurance Association, indicate a different legal relationship, such as trusteeship.