Vicarious Liability in Leasehold Relationship

In the case of Shamsan v 44-49 Lowndes Square Management Co Ltd [2024] EWCA Civ 436, Ms Shamsan was a sub-tenant, and the assured shorthold tenant of a flat. Her landlord was the long leaseholder of that flat. The defendant, 44-49 Lowndes Square Management Co Ltd, was a party to that long lease and had a covenant to retain managing agents. Therefore, in discharge of that duty, it indeed retained agents. In turn, those agents then contracted with further companies for the supply of porterage services.

In December 2019, there was a burglary at the flat and around £7m worth of jewellery and property was stolen. Ms Shamsan contended that the porters had provided the keys to the burglars. She sued 44-49 Lowndes Square Management Co Ltd, contending it was liable for the acts of the porters. The Court of Appeal granted summary judgment against her. It held that the porters were several stages removed from 44-49 Lowndes Square Management Co Ltd and were not in any employment or quasi-employment relationship with the management company. They were independent contractors and 44-49 Lowndes Square Management Co Ltd was not vicariously liable for their alleged acts or omissions.

Oliver Kew

Published on 05/06/2024