Hello again Joshua,
I wonder if I could show you the reply I received today regarding my question?
Further to our recent communications in respect of the above matter, I have now had the opportunity to speak with my client who has confirmed that he was not contacted by Haarts estate agents to inspect the property prior to the simultaneous exchange/completion. From reviewing our file, it also appears that no such contact was made with us either.
I note your argument that a buyer purchases a property in the condition it is in at the time of exchange and it is his duty to satisfy himself as to the condition of the property. Having signed the contract, you will be aware that it contains a list of fixtures and fittings that were to be included in the sale of the property. Due to some of the fixtures/fittings being stolen or damaged, you are in breach of the contract by failing to transfer the property to my client with the fixtures and fittings specified. Furthermore, my view in this regard was that my client signed the contract with the intention to purchase the property as he had last seen it, which was obviously prior to the break in/damage. One of the fundamental elements of a contracts is “intention” and my client did not intend to buy a property which was badly damaged.
I also note your reference to the cases of Wickens v Cheval Property Developments Ltd  and Taylor v Hamer . These do not provide “legal authority for [your] denial” in this case, as you state, particularly because our client had not been aware of the break-in when contracts were exchanged (Wickens v Cheval Property Developments Ltd ) and because there was no fraudulent misrepresentation in respect of the state of the property at the time of exchange (Taylor v Hamer).
Ultimately, at the time of the break in, you were the owner of the property and the only person with a beneficial interest in it. Therefore, the responsibility to ensure that adequate insurance was in place to cover damage to the property if there was a break in, was yours. Unless we receive payment or proposals for payment of the cost of the damage by 4:00pm on 2 April 2015 Court action would be commenced against you.
~~~ so does this mean that if I can get hold of my estate agents and they say that they did tell him to check the property before collecting the keys then he will be in the wrong?