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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am a professional letting agent and it has been brought to

Resolved Question:

I am a professional letting agent and it has been brought to my attention by a client that their tenants (whom we sourced, referenced and moved into the property) are unhappy that the pressure of the shower in their property is poor despite our online Zoopla advert claiming it was a 'mains operated power shower'. The landlord personally arranged for a plumber to attend the property who confirmed it was mains operated and therefore he was unable to provide them with any more pressure as it was mains dependent. The landlord then offeed to purchase a shower pump to increase the pressure but his offer was declined and the tenants demanded their contract be severed as they had found somewhere else and wanted to move out ASAP which for ease of stress and ongoing communication between him and his tenants he has agreed to. They are claiming that the power shower was a big reason for them moving to the property and feel the advert misled them even though this was never mentioned verbally or in writing over phone or email at any point and even though they had ample opportunity to test the shower pressure on both viewings.
It has since reached a stage further and upon agreeing to let the tenants out of their contract early the tenants are refusing the landlord entry to the property to show new prospective tenants round and have tried to file a harassment claim against the poor landlord as he tried in vain to arrange access to view the property several times - the police understandably threw it out as there was no case to answer.
It has now been brought to my attention that they intend to sue me for the issue relating to the wording of our online advert, on what grounds could they do this please and would this even be accepted as a legitimate claim?
Thank you
Rachael
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Who provided the wording for the advert please?

Customer:

Me personally

Alex Watts :

But it was mains operated and this was in the advert?

Alex Watts :

So the advert was not misleading?

Customer:

Yes that's right though the word power was used 'mains operated POWER shower'

Alex Watts :

Ok - but do you really believe that someone would rent a property purely based on a shower?

Customer:

Not at all but one of the tenants is slightly disabled and they are trying to claim that they are having to use the local leisure centre's shower because it is so weak

Alex Watts :

Ok - but I assume they looked round the house before they rented?

Customer:

It's clearly and obviously rubish but the law relating to misrepresentation may not see it like that hence my concern

Customer:

Yes they did and they loved it

Alex Watts :

I agree.

Alex Watts :

In order to claim misrepresentation one must show that there was a misleading statement and they were induced because of that.

Alex Watts :

Unless they told you they wanted the property because of the shower and indeed they inspected the property, I can't see how you would claim it

Customer:

Cab you define induced please?

Alex Watts :

A property is selected for its condition, type, garden etc.

Alex Watts :

The fact it has a shower is a bonus rather than criteria.

Alex Watts :

Well they have to say the ONLY reason they signed the tenancy agreement was because of the shower and nothing else

Alex Watts :

I can't see that.

Alex Watts :

I can't see a Judge accepting that

Alex Watts :

Therefore although there may be a claim I would not worry

Alex Watts :

Indeed you could counter claim for the lost rent

Alex Watts :

If any claim is below £10,000 it would be a small claim anyway

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

If there is a claim there then is there a chance we could be found guilty?

Customer:

Of misrepresentation?

Alex Watts :

There is always a chance of course, litigation is never certain.

Alex Watts :

But I would say it is unlikely

Alex Watts :

I just can't see how someone would rent a property because of just the shower

Customer:

They are trying to claim that it's a compulsory requirement for her disabled needs

Alex Watts :

Well no

Alex Watts :

If you didn't know, they didnt say and they inspected then if it was that important they could have checked it

Alex Watts :

Before they signed

Alex Watts :

Can I clarify anything else?

Customer:

How much does it cost to open a case to sue someone pls?

Customer:

Are u still there?

Alex Watts :

It really depends on the cost of the claim

Alex Watts :

http://www.justice.gov.uk/courts/fees

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