Q&As

Are there any circumstances in which ‘irrevocable authority’ can be revoked? The context here the landlord will confirm in a document that they give their irrevocable authority for the tenant to complete a document, which the landlord will have previously executed in escrow. Is there any risk of the irrevocable authority being revoked?

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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk
Published on: 05 September 2017
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The general rule is that the authority of an agent is revocable by the principal who originally conferred that authority, even if it is agreed in the contract that the authority is ‘irrevocable’. The revocation by the principal of the contract is effective to terminate the agent’s authority, but can give rise to a claim for damages.

The main exception to the general rule is the case where the agent has a relevant interest of his own in the exercise of his authority. This exception applies if two conditions are satisfied. First, there must be an agreement that

Katherine Illsley
Katherine Illsley

4 King’s Bench Walk

Katherine’s family practice covers matrimonial finance, TOLATA, Schedule 1, and private law children proceedings. She has experience acting for local authorities, guardians and parents in public law children cases, including in cases involving allegations of non-accidental injuries.

Katherine also is regularly instructed in housing and property work, and due to the frequent crossover with family law has a particular interest in cases involving trusts.

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