Tenancy misrepresentation

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    Tenancy misrepresentation

    Dear forum,

    I’m a tenant wanting advice on the issue below.

    I’m a doctor and rotate hospitals regularly so rent locally and close to the hospital that I’m assigned to.

    I have recently moved into an apartment (within the last 2 days) in the city centre. The apartment was advertised to me by the letting agency (in writing) that it came with a secure allocated underground parking space.

    However upon moving in this is not the case. Furthermore there is no space outside to park due to it being in the city. I was clear (again in writing) before I moved in that parking was an essential pre-requisite to moving into the flat. I am currently staying elsewhere temporarily due to the parking issue.

    Although I would rather not go through the hassle, I feel I have no choice but to ask to unwind the tenancy due to misrepresentation so that I can find another apartment with secure parking.

    I would like your advice on this matter from the point-of-view of landlords.

    Thank you.

    Kind regards,

    #2
    Given what you have said asking for an unwind seems perfectly reasonable, you made it clear it was essential that you had parking and the agent stated it had....... sounds clear to me, i can only assume then that you did not go and view the place before signing up ??? For the future i would not do this, what ever is said in any paperwork, text, email what ever...... always view everything (including standing in your parking space),

    Comment


      #3
      If you have stressed that secure parking is essential and the letting agent has confirmed the flat includes it - and you have all of this in writing - I reckon you'd have a strong case here.

      You first step should be to contact a solicitor - most will have a quick conversation with you without charge.

      I suspect the agent might have an alternative flat to offer you (probably one you wouldn't have normally accepted, or one that they're having difficulty shifting). Run this scenario by the solicitor too, and see what they say about your obligations there (I suspect you aren't obliged to accept any alternative they may offer).

      Best of luck !

      Comment


        #4
        The agent has made a misleading statement which has affected your decision to enter a contract.
        That's a breach of s50 of the Consumer Rights Act 2015 and s5 of The Consumer Protection from Unfair Trading Regulations 2008.

        It looks black and white to me, so I'd talk to the agent about unwinding the agreement rather than involving trading standards or solicitors.
        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


          #5
          Your contract is with landlord, agent is just that, and landlord's agent to boot. I'd suggest writing/emailing landlord, copy agent, keep copy, in the first instance.

          I humbly suggest you refer to JPK's comments, and that you've been getting advice from Landlords, and also see...
          https://england.shelter.org.uk/legal...ied_conditions
          &
          https://england.shelter.org.uk/legal...ding_practices

          If you need further advice please ask here again and/or 'phone the experts, Shelter, 0808 800 4444

          Best wishes to all medical staff in these troubled times.

          NB To be a letting agent in England requires to training, no qualifications, no criminal records check. You could be dealing with anyone....
          I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

          Comment


            #6
            I agree that you should probably seek to unwind the tenancy. If you do this in the first month then I think you don't even owe the rent, so could seek a refund.

            Comment


              #7
              Thanks everyone for the feedback. It was very useful. The letting agency has agreed to release me from the tenancy and to give a full refund. It is inconvenient now to look again for a flat but not much I can do there.

              Best wishes,

              Comment


                #8
                Excellent...
                I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                Comment

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