Damages for misrepresentation of rental property (Doubled Glazed)

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    Damages for misrepresentation of rental property (Doubled Glazed)

    I entered into a rental agreement back in Sep 27 2013.

    Right at the onset, I was asked to sign a section 21 notice for eviction at the end of 6 months (Mar 26 2014), which the Letting agent assured me was a "mere formality" and their "usual practice".

    The property was advertised as having double glazed windows in the bedrooms and the lounge, (and we did not verify this explicitly during the viewing), but it turned out that this was not the case. The wooden sash windows were not only single glazed, but also let in a lot of draught, and also created noise each time a train passed by. (The property was very close to the train tracks)

    In Dec 2013, we requested letting agent to check with the landlord if he can at least install some cheap secondary glazing to solve the problem.

    However, around mid Feb, I was informed by the agent that the landlord now wanted to sell the property. The section 21 notice was served to me. I was also told that my request for glazing had triggered this. (?!!?)

    I was assured this only means that the house will be put on the market for viewings at the end of my 6 months term (end of Mar), and as soon as they found a buyer, they would request us to leave, within a month.

    We confirmed that we would move out by early-mid April. (We were unable to confirm an exact date at this stage). I also sent an email to the letting agent to confirm that they would charge the rent pro-rata if we leave between our rental dates, and they did NOT raise any issues.

    Finally, we confirmed our exact leaving around end of Mar, and vacated the property on 12th Aug. Again, the agency raised no issues about this, and informed us of no particular requirements.

    I requested them to refund half of the rent that I had paid in advance via standing order on 27th Mar 2014. After about 2 weeks, they replied to me expressing surprise that I was seeking this refund.

    According to them, the rent paid in advance in non refundable, and that they needed a one month notice !? (I had already been served a section 21 notice).

    What are my rights here? How do I get refund on this rent paid in advance, especially as I had been asked to leave in this case (section 21), and the agents never raised the issue of me having to pay for the full month at any stage, despite me explicitly seeking this clarification.

    If they refuse to refund this advance rent, can I sue the agency for having suffered a loss due to their misrepresentation of the property, and include this amongst my losses?

    #2
    A S21 does not end a tenancy nor does it require a tenant to leave.. (even if valid: Many are not...)

    Suggest you 'phone Shelter helpline 0808 800 4444 and discuss: They are open this weekend (and all weekends..)
    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


      #3
      If orig s21 was valid (all deposit protection requiremts conformed within 30 days of receipt,) as artful said s21 is not a NTQ and you are still required to give T NTQ even if s21 served. As you are now in SPT your NTQ notice period should conform to 'tenancy periods'.
      The rule is that rent is payable in full on due due date and no partial refund is due for unused last T period unless you can show LL obtained possession or new T moved in during that period.
      You confirmed that you would vacate by mid April yet diid not leave until 12 Aug. If your confirmation was acccepted as valid NTQ, then is entitled to mesne profit(2x x daily rent, in lieu of rent, for pessumed period of overstay.
      Do the math.

      Comment


        #4
        Originally posted by Viv View Post
        I also sent an email to the letting agent to confirm that they would charge the rent pro-rata if we leave between our rental dates, and they did NOT raise any issues.
        You can't confirm that they would charge rent pro-rata.
        Them not raising any issues to your e-mail doesn't mean that they agree.

        You can ask if they would(pro-rata). If they confirm they will, then you have an agreement.
        Allow tenants to protect their own deposits. I want free money when they do it wrong

        Comment


          #5
          Damages for misrepresentation of rental property (Doubled Glazed)

          I rented a property back in Sep 2013.

          The property was advertised as having double glazed windows in the bedrooms and the lounge.

          But it turned out that this was not the case. Not only were the wooden sash windows single glazed, they also let in a lot of draught, and created rattling noise each time a train passed by. (The property was fairly close to the train tracks).

          In Nov 2013, we requested letting agent to check with the landlord if he can at least install some cheap secondary glazing to reduce the problem.

          A few glazing companies came in and provided quotes to the landlord/agency. Couple of months later, I was asked to leave as soon as the 6 months were over, and a section 21 notice was served to me. I was also told by the agent that the landlord now wanted to sell the property, and that my request for fixing the glazing had triggered this, as the glazing quotes were very high. (?!!?). It is difficult for me to verify anything as I have no direct contact with the landlord (who apparently lives abroad, I am told). The agency in question are the sole agents for this property, which is on sale now.

          What damages can I claim from the agent for this misrepresentation? Apart from the whole hassle of moving with a family (I have a 2 y.o son), in a space of ~6 months, I have had to pay letting agent's fees and reference check fees twice, and also the movers charges, and have had some overlap of rents. All of this is around 2000 pounds.

          Comment


            #6
            How did you not notice there was no double glazing.

            S21 is the "evict for no fault, no reason" provided by Thatcher. Landlord needs no reason at all to evict you.

            S21 does not end tenancy & does not require tenant to leave. If he really is selling he might be financially motives to "encourage" you to go..

            Was a deposit paid, was it protected within 30 days? Have you been served with "the prescribed information"?

            Cheers!
            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


              #7
              Originally posted by theartfullodger View Post
              How did you not notice there was no double glazing.
              This was a viewing for a rental property, in a time slot of around 15 mins, and another prospective tenant came in while were just finishing. A lot of windows were inaccessible for any closer inspection due to the position of furniture. We did not notice any unusual noise in those 15 mins. (possibly no trains passed while we were in the property).

              Originally posted by theartfullodger View Post
              S21 is the "evict for no fault, no reason" provided by Thatcher. Landlord needs no reason at all to evict you.

              S21 does not end tenancy & does not require tenant to leave. If he really is selling he might be financially motives to "encourage" you to go..

              Was a deposit paid, was it protected within 30 days? Have you been served with "the prescribed information"?
              I was told by the agent that I am required to leave, (and now have vacated)

              Yes, the deposit was paid, and has been returned back.

              Comment


                #8
                btw, the property was also advertised as unfurnished.

                When I took the keys, and went in, there was Landlord's furniture lying around (beds in all the bedrooms, a dining table a chairs).

                The landlord's furniture was moved into the back of the garage, and the loft, which diminished the storage available to me.

                I had to raise this to the agent, and it took further few days (~a week) before I could actually move in. As I had my own beds and dining table, and needed an unfurnished place.

                At the time, in interest of keeping things cordial at the onset of a new tenancy, we did not protest much. But, this itself caused about a week's delay in us being able to occupy the property.

                Comment


                  #9
                  Originally posted by Viv View Post

                  What damages can I claim from the agent for this misrepresentation? Apart from the whole hassle of moving with a family (I have a 2 y.o son), in a space of ~6 months, I have had to pay letting agent's fees and reference check fees twice, and also the movers charges, and have had some overlap of rents. All of this is around 2000 pounds.

                  If you had a 6 month contract, the landlord could evict after the 6 months is up whether or not you had a dispute over double glazing.
                  Allow tenants to protect their own deposits. I want free money when they do it wrong

                  Comment


                    #10
                    Originally posted by Viv View Post
                    ...
                    I was told by the agent that I am required to leave, (and now have vacated)
                    ....
                    The agent lied: See Section 5 of Housing Act 1988...
                    http://www.legislation.gov.uk/ukpga/1988/50/section/5
                    5 Security of tenure.

                    An assured tenancy cannot be brought to an end by the landlord except by—

                    (a)obtaining—
                    (i)an order of the court for possession of the dwelling-house under section 7 or 21, and
                    (ii)the execution of the order,
                    etc etc...
                    I (a landlord..) don't trust agents to have had any training or knowledge of landlord/tenant law. A tenant should not trust anything they say - without 1st checking with CaB or Shelter (0808 800 4444..)

                    As you've left there is not a lot you can do other than trying suing him (maybe landlord AN|D agent..) for what this has cost you through small-claims: You may lose.

                    Suggest you write landlord & agent (separate) "letters before action" explaining your financial losses due to misrepresentation and inviting recompense 1st. CaB has exemplar LBAs..
                    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


                      #11
                      Two related threads have been merged.
                      I also post as Mars_Mug when not moderating

                      Comment

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