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Thomas Judge
Thomas Judge, Lawyer
Category: Law
Satisfied Customers: 32824
Experience:  Over 25 years experience in law
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Breaking a tenancy agreement with wrong address

Resolved Question:

Hello there, I and my wife have moved into a new apartment (brand new build-in a block XXX a last week , it is managed by a letting agent who act as theXXXX between me and the landlord / owner. It is a oneXXXX without parking nearXXXX train station; we requested some basic fittings for the flat such as hooks in bathroom/hallway; racks in storage space etc. The agents are saying that we have to pay for them even if it would obviously stay in the flat for future tenants. On top of it, we just realized that we wereXXXX more that what other one bed flats in the building have been advertised. Further, we didn't realise that the flat would be so noisy as it is very close to the trainlines. During the flat viewing, we were told that they would try to sort out our car parking, but now have told us that one bed flats are not eligible for car parking and if we need we would pay a further XXX for renting out space from other tenants of two bed flats in the same building. We feel cheated and disappointed with our choice; this is broad day light robbery. We were desperate to find a place and were scared to haggle the rent as this property was the only one bed available last week and was very popular. However, we see that two new one bed flats (slightly bigger in size) have been advertised yesterday at a rent that XXXXlesser in the same building. We are seriously considering just leaving altogether. We signed a 12 month contract with a 6 month break clause, but the address on the agreement refers to the wrong apartment (one of the countless letdowns on the letting agents' part). Would it be safe to just ditch the place despite signing a XXXXwith wrong address (incorrect postcode) or could I get taken to court and be forced to pay the remainder of my contract?

Submitted: 1 year ago.
Category: Law
Expert:  Thomas Judge replied 1 year ago.
In law the difficulty which you have is that you signed the contract for a period of 12 months and can be held to the terms of the contract. The key to what you are entitled to are the specific terms of the contract (the lease). So matters such as fittings and parking would need to be in the contract for you to be entitled to them. I note the wrong number on the lease, but I am very concerned that should you just walk out that they would sue you for the term of the contract. What may be best is for you to sit down with them and try and find a workable solution or persuade them to release you from the contract. Happy to discuss. Please rate positive.
Thomas Judge, Lawyer
Category: Law
Satisfied Customers: 32824
Experience: Over 25 years experience in law
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Customer: replied 1 year ago.

Thanks so much for your prompt reply. I understand that the lease does not include terms on parking and fittings etc, but what got us really worked up was that we were sucked into a rental which is XXXXore than what the rest of one beds are paying in the same building. To add insult to the wounds- we have to further cough outXXXXand "get used" to the noise due to XXXX

We have already paid 6 weeks deposit and one month rent in advance. We spoke to one of the junior members of the letting agency yesterday and were told to get in touch on Monday (to have a chat with the senior staff) and also to send our concerns in writing.

We do not mind putting up with many of the flaws in this place but it is very hard to digest that we will also be paying more than a grand to do so. Is this the price of being nice and trusting people at face value? it just leaves a bad taste to start with.

Further, as a result of their failure to sort out the postcode issue with the local authority (all the services that we have contacted including the postoffice keep telling us that this postcode is registered for the entire building of 40 flats, but the individual units are not registered),

we are are not being able to get any services transferred to our name including electricity/water/internet/banking etc.
Should the letting agency stand their grounds then We want to be prepared and possibly have some options to a)amicably resolve this situation -by either negotiating a free parking space or reducing the rent b) use legal means to break the contract (in the main contract - they have made two mistakes- have used the wrong postcode and swapped my surname around for first name.
It seems that we do not stand a chance, but still it would be great if you could advise whether we should take any formal legal route or explore any other options.
Many thanks


Expert:  Thomas Judge replied 1 year ago.
Frustratingly your options are rather limited - you clearly have some grounds to complain about (but not sufficient in law as a ground for breach) and I would suggest using those grounds as a negotiating ploy with the agents. It all rather comes down to a negotiation. Happy to discuss. Please rate positive

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