Cases - Toor v Bassi

Record details

Name

Toor v Bassi

Date

[1999]

Citation

EGCS 9

Keywords

Estate agency

Summary

The defendant was a landlord of premises abandoned by the tenant. A car hired to the tenant remained on the property. Despite requests by the owner of the car, the landlord's agents failed to take any steps to organise the release of the car to her. The car was stolen before the plaintiff could recover it. When sued in negligence for the loss of the car, the defendant pleaded that his agents only had authority to find a new tenant, and had no authority to act in any wider capacity. They were therefore acting beyond the scope of their authority when they negligently failed to secure the release of the car.

The Court of Appeal found that the agents had a wider mandate. This was evidenced by instructions to board up the property and replace the locks and an undertaking to carry out an inventory of the furniture. The agents had also placed a notice stating that the premises had been secured against re-entry and that goods and chattels had been seized in order to be sold at auction to pay the outstanding rent, and that any enquiries were to be made to the agents. Cross-examination of the defendant also revealed that the agents were to deal with inquiries with regard to the disappearance of the tenant. On the facts, the agents had authority to deal with the enquiry about the car.

The defendant, through his agents, was found liable in negligence for the loss of the car.