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MISLEADING LETTING AGENTS

MISLEADING LETTING AGENTS

Postby OPENSPACES » Mon Oct 16, 2017 9:37 am

A friend recently viewed a property with a view to renting. He left saying he was happy to rent but advised that a complete redecoration was needed before he would move in. The letting agent (a national Estate agent chain) later advised that matters had been dealt with and he signed a tenancy agreement and paid the deposit etc. However when arriving at the property he was dissatisfied with the standard of decoration l and immediately handed the keys back. He has been unable to recover any money and been advised that the landlord intends to recover unpaid rent for the deposit. Does he have any grounds to recover any of his money having signed the agreement?
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Re: MISLEADING LETTING AGENTS

Postby dls » Mon Oct 16, 2017 11:37 am

It appears to have been redocorated.

He signedup without checking - this suggests that he was not that concerned as to the standard of decoration.

It was a condition of the contract - and if not satisfied ne need not have signed up.

Best negotiate for any particular thing needing sorted out.

Again, we none of us know the terms and conditions, the conversations or the actual state of the decoration.
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Re: MISLEADING LETTING AGENTS

Postby theycantdothat » Mon Oct 16, 2017 11:49 am

Assured tenants now have a limited right to "unwind" a tenancy when they have been misled. The right is explained here: http://www.landlordlawblog.co.uk/2017/0 ... -property/

There are two questions here:

A. Did the right to unwind arise?

B. If it did, has your friend done the right thing?

As to A, it will depend on the standard of redecoration. Your friend says he was dissatisfied with the work. How bad was it? Is he over fussy? Can he put his hand on his heart and say he is not just looking for a way out of an agreement he regrets entering into?

As to B, see the section headed "What you should have done" in the above blog.

A golden rule when taking a tenancy is: Proceed as if the landlord and his agent are not to be trusted. A platinum rule is that if a landlord or an agent has said that something has been done insist on checking it has been done before you commit yourself.
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Re: MISLEADING LETTING AGENTS

Postby atticus » Mon Oct 16, 2017 12:52 pm

In what way was this tenant misled?
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Re: MISLEADING LETTING AGENTS

Postby OPENSPACES » Mon Oct 16, 2017 1:13 pm

They said the required decoration had been carried out
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Re: MISLEADING LETTING AGENTS

Postby theycantdothat » Mon Oct 16, 2017 2:09 pm

OPENSPACES wrote:They said the required decoration had been carried out


It seems it was and the question is: Was the job done properly?
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Re: MISLEADING LETTING AGENTS

Postby diy » Mon Oct 16, 2017 2:15 pm

I don't get how this could have been done?

Surely the Tenant did some sort of inventory check with the agent, was he expected to sign before and has he also signed the inventory?

How could the Tenant simply hand back the keys? Would that not have left him homeless?

More practically, the tenant can take possession, issue a snagging list and explore his substantial rights to withhold rent if the Landlord fails to address them.
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Re: MISLEADING LETTING AGENTS

Postby atticus » Mon Oct 16, 2017 2:46 pm

You said the decoration has been done; but that your friend was not happy with how it had been done. If your friend did not specify his detailed requirements, can he really claim to have been misled?
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Re: MISLEADING LETTING AGENTS

Postby dls » Tue Oct 17, 2017 8:46 am

explore his substantial rights to withhold rent if the Landlord fails to address them.


. . and what rights might those be? A typical letting contract will effectively exclude any which might exist.
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Re: MISLEADING LETTING AGENTS

Postby atticus » Tue Oct 17, 2017 1:07 pm

What makes diy think this landlord would now want this tenant?
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