The tenant sought to impose knowledge by the landlord of the condition of the property. The landlord employed porters in the building.
Held: The presence of the porters was sufficient to fix the landlord with knowledge of the breach of his covenant. The Court applied the principle of deemed knowledge in the law of agency: ‘ When any fact or circumstance, material to any transaction, business or matter in respect of which an agent is employed, comes to his knowledge in the course of such employment, and is of such a nature that it is his duty to communicate it to his principal, the principal is deemed to have notice thereof as from the time when he would have received such notice if the agent had performed his duty, and taken such steps to communicate the fact or circumstance as he ought reasonably to have taken . .’
(1980) 39 P and CR 10, (1979) 251 EG 567
England and Wales
Cited by:
Applied – Arundel Corporation v Khokher CA 9-Dec-2003
The tenant had served a notice to review the rent. The tenent delivered a counter notice personally be posting it through the letter box. The lease provided that the notice was to be served at the last known business address of the landlord. The . .
These lists may be incomplete.
Updated: 08 July 2021; Ref: scu.216583 br>