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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69269
Experience:  Over 5 years in practice
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Hello - my daughter (30) and a girlfriend recently viewed a

Resolved Question:

Hello - my daughter (30) and a girlfriend recently viewed a flat which was advertised as unfurnished. They independently were shown around the flat and they separately checked that it was to be let unfurnished except the kitchen white goods. They agreed to rent the property and paid a deposit. This was a month ago.
They have gone there this morning to agree the inventory only to be told that it is to be let furnished! In the meantime, they have bought everything they would need to occupy this 'unfurnished' flat, beds, chairs, sofas, table not to mention all the small things, kettle, toaster, etc.
What is their position please?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

What would you like to know about this please?
Customer: replied 2 years ago.

Clearly the owner (not the agent) will not remove all the furniture in order to satisfy the agents mistake. What can the girls do?

Customer: replied 2 years ago.

I have replied once. Can someone please proceed with this question, the urgency is receding by the minute. The agent and the girls are at the property awaiting my call.

Expert:  Jo C. replied 2 years ago.
Thank you.

I'm sorry for the delay. I did respond to this but obviously it did not upload.

It depends really what you want to achieve.

Certainly, they could refuse to take this. The agreement was that it would be unfurnished and it is not.

I imagine that they do not want to do that however.

There are limited options in this situation. Normally the options assist those who are told that they will rent furnished and find that it is unfurnished than the other way around.

They could ask that the landlord or his agents put the furnished goods into storage. They will refuse but then they could store the goods and seek a reduction in rent. Effectively they will be arguing that the goods are being stored for the landlord and therefore taking up space in the house that they rent. To succeed they will have to show what was agreed which is always harder when you rely on the spoken word.

Another option is for them to put their own goods into storage and sue the agents for the cost. Again they will have to prove what was agreed though.

It might be that this can all be resolved if they refuse to move in until the goods are removed.

Can I clarify anything for you?

Jo C., Barrister
Category: Law
Satisfied Customers: 69269
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.

I'm sorry you had to write that out twice.


If the girls say they will not move in until the existing goods are removed surely the agent/owner will nullify the agreement. I imagine they would not remove the goods under any circumstances.


Since the original advert appeared in the public press and it was written as 'unfurnished', surely it wouldn't be hard to prove they were in the wrong?

Expert:  Jo C. replied 2 years ago.
Well, sometimes they may put them into storage. They're not going to want to lose tenants unless they literally have a waiting list.

I don't think we will have problems proving that it was advertised as unfurnished. The question will be whether they are saying that they corrected that at the time of negotiations or not.

The truth though is that there are risks either way. If they refuse to move in then the agents could nullify the agreement. If they move in and sue them they bear the risk of losing. There are no real surefire winners but then they never are with any disputes. That is no reason not to act. You always take a risk with legal action. What you try to avoid is taking a reckless risk
Customer: replied 2 years ago.

Unfortunately it has gone a bit pear-shaped. I had hoped to be able to confront the agent with the options before they left. My urgent request took a lot longer than hoped, what with the delay in uploading.

Therefore I'd like to pay you £25 for which I would recognise your good service with thanks.

Expert:  Jo C. replied 2 years ago.
No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’.

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