Can a tenant get his deposit back in case of misleading commercial practice?

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    Can a tenant get his deposit back in case of misleading commercial practice?

    Hi all!

    Let`s say, somebody is renting an apartment in Northern Ireland and it turned out for him, that there was a misleading commercial practice by the landlord and the estate agent. He is renting the accommodation for more than one month, but less than 90 days. He decides to request the unwind of the agreement. If the unwinding is accepted, can the tenant get the his whole deposit back as it would happen usually at the end of the lease?

    Secondly, if the unwind is success, does he liable for the further rents? I guess he is not, because there will be no more obligations after the unwinding movement.

    If anyone has similar situations, please let me know. Thank you!

    I read these documents in connection with misleading commercial practice:
    https://assets.publishing.service.go...s-guidance.pdf
    https://www.penningtonslaw.com/news-...house-in-order


    #2
    Do you want real or hypothetical scenarios?

    Comment


      #3
      I am interested in both of them.

      Comment


        #4
        The second like is an article about unwinding assured shorthold tenancies. AST are only applicable to England and Wales, not Northern Ireland.

        What exactly does tenant think the landlord has mislead him/her about?

        What kind of tenancy/licence is in place? With the contract being more than a month but less than 7 days it doesn’t seem like a private rental tenancy but more like a holiday let.

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          #5
          In short: Letting agent promised him that the apartment is really quiet. Unfortunately it was not. He has several videos about how noisy it is. The advertisement was also misleading connected to this. In the first month there was a really noisy neighbour above him, who was renting from the same estate agency. That neighbour got a warning from the agency, but his behaviour did not change. That noisy neighbour moved out after one month, but the apartment is still noisy.

          He is renting an apartment from a landlord through a letting agent.

          Comment


            #6
            The consumer rights act applies to Northern Ireland.
            Provided the issue is raised quickly enough, the contract could be unwound.

            Unwinding it should set things back as though nothing had been agreed.
            So no further liability and the deposit would be repaid.

            That would be an unusual outcome, though.
            A "really quiet" apartment would be a bit of an oddity, so the misleading actions would have to be pretty specific.
            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


              #7
              Originally posted by fox1942 View Post
              In short: Letting agent promised him that the apartment is really quiet. Unfortunately it was not. He has several videos about how noisy it is. The advertisement was also misleading connected to this. In the first month there was a really noisy neighbour above him, who was renting from the same estate agency. That neighbour got a warning from the agency, but his behaviour did not change. That noisy neighbour moved out after one month, but the apartment is still noisy.

              He is renting an apartment from a landlord through a letting agent.
              What evidence could the tenant present to show the letting agency promised the flat is really quiet? Noise is subjective and unless the letting agent had lived in the property themselves they’d have no idea about the noise levels.

              Comment


                #8
                Originally posted by DoricPixie View Post
                Noise is subjective and unless the letting agent had lived in the property themselves they’d have no idea about the noise levels.
                In which case, they'd have to be careful not to make the claim in the first place.

                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

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