Misrepresentation re short-term letting

  • Filter
  • Time
  • Show
Clear All
new posts

  • Misrepresentation re short-term letting


    It's my first time here. :0) Hope someone can offer some wise words.

    My sister has rented a flat in London for a month on a short term basis for a job she's doing up here. She rented through a London agency she found online who deal with short term rentals in London.

    The pictures of the flat looked wonderful, as did the descriptions of the rooms and the facilities. She paid the full amount of rental up front and moved in on Saturday (she didn't have time to come up to London beforehand to view the flat and took it on good faith and the pics/description on internet).

    What a joke! No representative was there to greet here or give her a parking bay pass so she got a parking ticket and has had to put the car in an NCP. The Cleaner gave her the key! She couldn't get hold of the agents and 3 days later, still cannot.

    And the flat is totally different than on the internet. The exterior building is a totally different one to the pic on the net. The rooms are totally different. There is no TV, internetc access, DVD player, terrace or landscaped gardens as promised. The flat is practically empty with small windows overlooking London Bridge station, platform 8 which has kept her up all night! The bedding is damp and doesn't fit the beds...and so on.

    We can't get hold of the agents and their address looks a bit dodgy and I bet it doesn't exist.

    What can we do? She's stuck there for 4 weeks and they have all her money!


  • #2
    There's no simple answer. However, letting it in its present state probably falls foul of a host of local authority bye-laws [damp, so not fit for habitation?] The internet/picture do not count as part of the contract (for the same reasons that Estate Agents' brochures re sale don't form part of contract of sale) but it sounds like clear misrepresentation and also possible breach of Trades Description Act.

    Did she pay by credit card [might have rights against c/card company] and does she have legal expenses insurance?
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).


    • #3

      Thanks for that! She did pay by credit card - would that protect her somewhat? Interesting to note that the internet/pictures don't count as part of the contract. In fact, she is not sure she signed a very big letting agreement - it was all very simple and didn't cover facilities - they kept referring her to the internet site to see what was included!

      The bedding is now dry so it's habitable - just not at all what she has paid for or expected.

      I just checked the website again and teh decription/pictures are exactly the same as another property on their website which is a few miles away! Very odd - we still can't get hold of them....


      • #4
        Do you realise that the landlord i.e. agent could not expedite a Notice Seeking Possession until after she has been there 6 months, so if she stays more than 4 weeks they won't be able to legally evict her unless she has 2 months or more rent unpaid.

        The legal owner of the property should be registered with the Land Registry and for £3 you can find out who it is. If your sister should consider any action must be against the landlord as she has no contract with the agent.
        The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.


        Latest Activity


        • This is a NO isn't it? Seems iffy to me, what do you think?
          This is a NO isn't it? Seems iffy to me, what do you think? Any insights? My ad is on Gumtree.

          "Hello, I'm A***** a British America Business man, I have a business project in your area and I'll like to rent your apartment for the period of 6 month and I'll like to know...
          27-07-2017, 13:57 PM
        • Reply to This is a NO isn't it? Seems iffy to me, what do you think?

          I'm assuming you are posting this for a laugh
          27-07-2017, 14:22 PM
        • Reply to This is a NO isn't it? Seems iffy to me, what do you think?
          I'm surprised that you are even asking, it's obviously some kind of scam.

          At the very least phishing for your personal contact details.

          "British America Business man" who can't spell 'American' or even write English properly? - "my personal assistance and he...
          27-07-2017, 14:11 PM
        • Burglary Damage - Who Pays?
          Our rented flat was broken into, in the process the Yale lock was broken and cost £100 to repair. The landlord is refusing to pay this on the basis we didn’t also lock the door with the mortice lock. We didn’t use the mortice lock as it wasn’t working although the landlord did not know this....
          25-07-2017, 11:40 AM
        • Reply to Burglary Damage - Who Pays?
          John Duff
          Following on from my last post, had the tenant not informed the police and landlord at the time, they would have failed in their duty. I therefore would expect the tenant to foot the bill at the end of the tenancy or sooner.
          27-07-2017, 13:45 PM
        • Tenant's energy debt.
          I am a landlord of a 2 bed end terrace, the property is owned out right. I am registered Disabled and this was the main reason I decided to rent my property out. As it was not a suitable property for my Disability. I would have to make some major changes that would devalue my property like installing...
          20-07-2017, 22:08 PM
        • Reply to Tenant's energy debt.
          Hi there, I've also been looking into the office of fair trading as nobody has said whether you believe that E.on or that LCS have acted is the correct manner when looking into a debt. well I have found out this piece of information and would like to know your thoughts and views if its correct and I'm...
          27-07-2017, 13:30 PM
        • Reply to Burglary Damage - Who Pays?
          John Duff
          Criminal damage not connected with the tenant occurred during the tenancy and was reported as such at the time. It is not the case that the tenant caused or was responsible for loss of value beyond wear and tear.

          I'm just stating my view which appears to be backed up from sources other...
          27-07-2017, 13:15 PM
        • Reply to Burglary Damage - Who Pays?
          If the tenancy ended and the lock was broken, it would be a loss in value beyond fair wear and tear and I'd expect the tenant to compensate the landlord for it.
          Same as any other damage.

          What's different about it during the tenancy?
          27-07-2017, 13:03 PM
        • Reply to Burglary Damage - Who Pays?
          John Duff
          Yes, they have a duty of care but not the same responsibilities as a lease/freeholder.

          If I was the tenant, I'd refuse to pay. This is assuming I hadn't been grossly negligent and had reported the damage at the earliest opportunity to both the police and the landlord. I would expect a TDS...
          27-07-2017, 12:55 PM