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LondonlawyerJ
LondonlawyerJ, Solicitor
Category: Property Law
Satisfied Customers: 777
Experience:  Experienced solicitor
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I have signed a Assured Shorthold Tenancy Agreement part

Customer Question

I have signed a Assured Shorthold Tenancy Agreement for a part furnished flat 3 weeks ago.
The deal breaker on the property was I had my own garden, which the property was advertised as having own garden. I have found out since I moved in that the garden is shared with the flat below and there is shared access to the garden and the partition for which I thought was decretive (a cane fence only partly dividing the garden with pot plants making the rest of the divide to the stairs leading out of the upper flat and an archway underneath for access from a shared side ally on my side of the property) and so did not meet my criteria or the marketing criteria. I have also not seen or signed for an inventory list yet. can I legally get out of this contract without any loss only the rent due for the amount of tenancy.
Submitted: 11 months ago.
Category: Property Law
Expert:  LondonlawyerJ replied 11 months ago.
Hello, I am a solicitor with 20 years experience. I will try to answer this for you.
You can only terminate a contract where there has been a fundamental breach of the tenancy. This is a flat with a shared garden as opposed to a flat with a private garden. I doubt that in most circumstances this would amount to a fundamental breach.
When were you due to move in?
Customer: replied 11 months ago.
I moved in on the 28th November and I was assured that the whole garden was mine and not shared
Expert:  LondonlawyerJ replied 11 months ago.
Is that clear on the face of the agreement or is it a representation made outside the written contract? Why is the private garden of such importance?
Customer: replied 11 months ago.
I wanted my own private garden as i like sitting in a garden of my own.
The tenancy agreement has no mention of the properties features such as how many bedrooms who is responsible for the tiny front garden.
Customer: replied 11 months ago.
or indeed if it has a rear garden to it as well.
Expert:  LondonlawyerJ replied 11 months ago.
Ok do you have any evidence of the representations about the rear garden. Was it in the advertisement?
Customer: replied 11 months ago.
Yes it was in the advert it was also on Zoopla and as such is still recorded there as a private garden with the photos.
Customer: replied 11 months ago.
The address is:
7a Trentham Street Southfields SW18 5AS
Customer: replied 11 months ago.
My real questions is. I am not yet 1 month into my tenancy and I have found out this problem. Would I be able to give a reasonable 30 days notice on the calendar day I took up the residency of quitting the property as its not what was advertised as and miss represented to me by both the estate agent and the owners as they must of agreed the advertisement of the property
Expert:  LondonlawyerJ replied 11 months ago.
I think you may be able to get out of this with just the occupation costs to pay. Clearly you relied on a misrepresentation in entering into the contract and would not have entered it if they had not been made.
YOU are probably entitled to rescind the contract and require return of deposits etc but pay rent up to the time you left.
You might think your next move is to tell the agent about the above position and see how he reacts. If his reaction is to deny the misrep and refuse to return everything then he could demand that you honour the terms of your lease in full (a weak argument) but could retain your money as a lever while those argument splay out.
As is often the case with contract disputes what to do next depends on a number of factors which are personal to yo about your ability to fight, how quickly you need the money back etc.
Customer: replied 11 months ago.
Thank you for your reply and I will be taking your advice.
If needed as I do believe I am in the right here.
If needed I will take them to the small claims court for full refund of the deposit if its not forth coming.
Thank you once again for the advice and help.
Expert:  LondonlawyerJ replied 11 months ago.
My pleasure.

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