How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask UK-Justice Your Own Question
UK-Justice
UK-Justice, Barrister
Category: Law
Satisfied Customers: 16193
Experience:  Called to the Bar in 2007
41133288
Type Your Law Question Here...
UK-Justice is online now

False advertising by private landlord

Customer Question

I moved from Cardiff to Glasgow and agreed to rent a room from a flatshare website having looked at the photos of the room and spoken to the landlord. On arriving in Glasgow, I was dismayed that the room was nothing like the photo. It is a different room in and the landlord has said she put the wrong photo on the ad. I had to take the room as I had no where else to go. The landlord says she has another room coming up in another flat in April but I am wondering if she will be true to her word. I signed a 6 month short assured tenancy but verbally agreed that I would give the room 2 months and get first refusal on the other room. Have I any comeback against this registered Landlord if the other room doesn't materialise? Would I need to give notice? Can I move out before the 2 months if I find something better? I feel so foolish and as I am on benefits, this makes it harder to find another room. Thank you Fern


 


The room that is in the photo is in another flat that has already been let. Landlady also advertised the room as £300 pm / £69 per week but is charging me £320 pcm. That makes it more than £69 pw. I have seen another place who will accept DSS and need to let it asap. As I say, I have no confidence in my landlady coming up with this other better room.

Submitted: 4 years ago.
Category: Law
Expert:  UK-Justice replied 4 years ago.
Thanks for your question, I will do whatever I can to help you. Please remember to rate my answer SMILEY FACE OR ABOVE.

Do you have exclusive occupation of the whole property or just one room?
Customer: replied 4 years ago.

I rent a bedroom and share the living room, kitchen and bathroom with a male flatmate. When I spoke wit the landlady before taking up the room, she told me it had fitted wardrobes, was approx 5 feet by 3 feet and there was a land line. No fitted wardrobes, flatmate won't share the land line that he installed into his room as part of his sky package, I pay him £10 to use WiFi broadband and the room is small. No thermostat on the radiator. She seems to have got the two rooms mixed up to make it more appeal able.

Expert:  UK-Justice replied 4 years ago.
So you are waiting for another room to come?
Customer: replied 4 years ago.

She says she has a bigger room with fitted wardrobes in another flat. She is waiting for the male to move out of it beginning of April. I would be sharing with a female.

Expert:  UK-Justice replied 4 years ago.
What I can say is that you are not bound by an AST

This is because that can only apply to property which you have exclusive occupation. You don't. You have a room.

If the offer does not come about then yes you can pull out if your room was not as advertised, but the longer you stay the harder it is to be claim against the breach

You would have to give notice as per your contract which is 2 months.

You could move out if you get somewhere else and claim breach with this landlord.

I hope this reassures you.



Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
Customer: replied 4 years ago.

What is AST and how would I go about claiming breach?


 


I only need to give 1 months notice hopefully. I am due to pay my rent to the landlord on Friday and will ask her if this other room is coming up otherwise I will give my month's notice but I just want to be prepared as most of the discussions have been verbal. I don't want her saying that because I signed a 6 month lease that she is going to hold me to it!

Expert:  UK-Justice replied 4 years ago.
You just notify your landlord of breach and the reasons for it.

I hope this helps




What I can say is that you are not bound by an AST

This is because that can only apply to property which you have exclusive occupation. You don't. You have a room.

If the offer does not come about then yes you can pull out if your room was not as advertised, but the longer you stay the harder it is to be claim against the breach

You would have to give notice as per your contract which is 2 months.

You could move out if you get somewhere else and claim breach with this landlord.

I hope this reassures you.



Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.

Related Law Questions