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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 31768
Experience:  Over 5 years in practice
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Hello hope you can help. Yesterday I signed a tenancy agreement

Customer Question

Hello hope you can help.

Yesterday I signed a tenancy agreement on a property, to begin on the 19/3/13, I also paid the years rent in advance. I viewed the property twice before signing.

Today I was asked by the owner of the property to call round, which I did. I dicovered that half the garden had been frenced off, during the conversation the owner informed me that he had sold the land and a house was to be built on it, at no time was this mentioned to me during either of my viewing or by the letting agents.

Do I have the right to cancel the agreement and ask for a refund.
Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.
What type of contract is it?
Customer: replied 4 years ago.

its an Assured Shorthold Tenancy

Customer: replied 4 years ago.

its an assured shorthold tenancy

Customer: replied 4 years ago.

FOR JOMO1972 assured shorthold tenancy

Expert:  Jo C. replied 4 years ago.
The reason you are experiencing delay is that you keep posting before I have responded which pushes the question to the back of my list.

Does the AST comment upon the garden? Does it say that the garden in its entirety is included?

Whats the disadvantage in this to you?
Customer: replied 4 years ago.

FOR JOMO1972 The only comment upon the garden is that it must be maintained, it does not state in its entirety. It also does not state in any documentation that we have that over half of the garden will be fenced off for future construction work. Despite discussing with the property owner the size of the garden he did not at any point state that the whole garden was not included in the tenancy.


 


The disadvantage of this to us is that we settled on the location because of the size of the garden and it was the selling point of the property. The house with the garden in its current state is of no use to us. If this was mentioned to us prior to signing our agreement we would have walked away from the transaction and looked else where.

Expert:  Jo C. replied 4 years ago.
Did you tell the landlord or his agents how important the garden was?
Customer: replied 4 years ago.

FOR JOMO1972


 


thank you very much for your time, the estate agents have just confirmed that I can cancel the agreement, and will issue a refund.

Expert:  Jo C. replied 4 years ago.
No problem.

All the best.