Change in letting details after lease signed

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    Change in letting details after lease signed

    We looked around a basement flat with a patio. The patio overlooks (looks down into) our bedroom window and living room windows. The entrance is from our kitchen but there is another door at the end of the patio (next to our bedroom doors). When we looked around we asked the Letting agents whether the patio was ours and we were told yes. We asked about the door at the far end and was told that it was sealed up (very much like one of the doors in our flat). When we looked around the bedroom we noticed that, from the patio, you could see directly into our bedroom. We asked again whether the patio was exclusively ours and were told yes. As a result we signed for a lease on the property.

    The morning after we moved in the agents started showing people around our patio. We asked them what they were doing and we were told that the patio is a shared patio. We were told the opposite from this and we wouldn't have signed for the place if we had known this before. The main problem is that the other tenants can now sit right outside our window whenever they want, this obviously infringes our privacy, blocks out the light and is very annoying.

    The Lettings agency and landlord have said that, once the new tenants who are supposed to have other part of the patio sign on a contract, they will put a fence up separating the patio. I am livid that this is happening and am pretty sure that this is a negligent misrep on the part of the Agent. I've spoken to other tenants in the flats above ours and they that there is no history of this patio being shared that they know of. The rest of the property is lovely, we would like to stay as we haven't got the money to move out and pay for move fees and agents fees.

    Please help, what can I do? (Legal as well as commercial/practical solutions would be most welcome).

    #2
    Legal:
    Contact HMLR, online. You can buy:
    a. a copy of your L's registered title to the flat (+ title plan); and
    b. (assuming that he is a leaseholder) a copy of the lease which he holds.

    Together, these items will tell you exactly what he does own!
    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).

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      #3
      I've done this and it seems that a fence should be there on a very small area of the patio. Due to the fact that it wasn't marketed as this do you think i can get damages (rent reduction) from the Landlord and/or reimbursed the agency fee I paid to the agents?

      Comment


        #4
        Did anyone tell you anything false, or did they merely not tell you the whole truth, before you signed-up?
        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).

        Comment


          #5
          They said that the patio was wholly ours. We didn't ask if it was shared or not but we did ask if the other door leading on to it was in use and whose it was and were told that it was sealed up and not in use.

          Comment

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