Can I get out of the tenancy before moving in?

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    Can I get out of the tenancy before moving in?

    I was due to move into a flat on 25th January, only to turn up and find out that it was not ready for occupation. The flat had not been cleaned and it was not secure the bathroom window had not handle of lock on it, so my insurance company advised me that I would not be covered as the flat was not secure. There were other issues with the flat such as the bathroom sink is leaking and the general poor finish of the decoration.
    Do I have the right to back out of the agreement and ask for my money back, as I am now having to rack up further expenditure of paying to stay in a hotel and will have to re-book the removal company.

    #2
    You don't have a tenancy. However you may still have a contract.

    The worst case financial costs for a tenancy involves paying the rent for the full term, but for breach of contract, you only have to compensate actual losses, and the landlord has to minimise those.

    I'm not an expert on whether the defects you mention, actually frustrate the contract. I suspect not, but you might have a counter claim for your alternative accommodation.

    I would forget the poor finish of the decoration, as you saw that before you entered the contract.

    Comment


      #3
      You can argue that the quality of the flat isn't what you were sold unless you'd seen it before you signed for it or had been told of its condition.
      That would frustrate the contract (unless the landlord made good the issues - which isn't likely with the decor).
      I'm not sure there is enough wrong with the property to achieve that, but you could try that argument.

      If this is a London flat, I suspect that your expectation is a little high.
      When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
      Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

      Comment


        #4
        Apologies, I meant to say contract. I did not see the flat before hand only the show flat. These flats are advertised "As fully refurbished right down to every last detail.In fact all you need to have in common is an eye for quality, presentation and appreciation of the best of locations! A freelance interior designer has been commissioned to style these exceptional apartments from top to bottom with the very best carpets, fixtures and fittings too! For those looking for the complete designer lifestyle, don't look any further"

        I think the agent may have used some very artistic licence in the description of these flats.

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          #5
          Given that they made a big deal of the quality, I'd say they've missold the property.
          When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
          Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

          Comment


            #6
            Shelter say "giving misleading information" is a 'misleading action', which give rise to the right to unwind a tenancy contract.

            * Shelter England, for tenancy contract under English law.
            I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

            I do not answer questions through private messages which should be posted publicly on the forum.

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