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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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The victim is seeking property on the private property

Resolved Question:

The victim is seeking property on the private property rental market and engages various agents.
An agent contacts the victim stating they have a suitable property attracting a lot of interest and the victim should view the property the following day which the victim agrees to do.
The victim meets an agent who is waiting at the property. The present occupants are in the process of moving out and their furniture boxes etc are everywhere. The agent demonstrates her knowledge of the property by revealing issues of contention between the landlord and the present occupants. When shown up stair, around the moving occupants, the victim notices that strong air freshener had been sprayed and the windows were all open.
The victim agrees to accept the property and contracts are signed, payments are made to the agent and to the landlord.
When the victim moves into the property it is found that extensive dog fouling of the hall, landing and master bedroom carpets has created a strong odour of stale dog urine together with extensive staining that could not be seen during the viewing.
The agents are notified of the dissatisfaction but do nothing.
The victim makes enquiries with neighbours and the previous tenants.
The neighbours state that the previous tenant was the first occupant of the house after the landlord moved abroad. The landlord was a former air hostess, and kept her large dog in the house whilst she was away flying.
The former tenant produced his inventory completed before he moved into the property which clearly shows extensive staining to hall, landing, staircase and master bedroom carpets.When asked who opened the windows the former tenant said it was the agent. Asked who sprayed the air freshener the former tenants simply said they did not.
Clearly the agent knew of the unmarketable condition of the property due to the inventory and previous tenant's complaint but failed to disclose this to the victim, manipulated a viewing at the most advantageous time to conceal the problem from the victim, opened windows to reduce odour, sprayed air freshener to conceal residual odour.
As a result of the deception the victim signed a contract and parted with money.
Submitted: 1 year ago.
Category: Property Law
Expert:  Ash replied 1 year ago.

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

What would you like to know about this today please?
Alex

Customer: replied 1 year ago.
Hello Alex,
My view is that the agent committed fraud by their failure to disclose information in their possession regarding the property, they also practiced a deception by manipulating a viewing date and time that was chosen to conceal the issues with the property, tjey also opened windows and sprayed air freshener in a further effort to conceal the odor from me. I would appreciate your advice on whether a fraud was committed. I have contacted Action Fraud but they declined to record the matter as a fraud,
Expert:  Ash replied 1 year ago.

Sure. What would you like to know about this though? Whether fraud was committed, is that it? Just so that I understand your question of me

Customer: replied 1 year ago.
Sorry Alex, the question was whether the circumstances amount to fraud? Ibelieve they do but Action Fraud refused to record an offence
Expert:  Ash replied 1 year ago.

In reality this is probably not fraud. It is a civil matter for breach of contract by false representation.

However sadly you can't make action fraud prosecute the case and take it to criminal court, there is simply no right to that.

They are viewing this as a civil matter. But you do have a claim for breach of contract and in particular for misrepresentation.

Can I clarify anything for you about this today please?

Alex

Customer: replied 1 year ago.
Thanks Alex, I needed to get that confirmed as I have little faith in Action Fraud. I am already dealing with the breach of contract via local solicitors and intend to take my case to the small claims court in the next few days. Thank you again for your advicRegards,
Bernie
Expert:  Ash replied 1 year ago.

If I could invite you to rate my answer before you go today please, otherwise the site does not credit me for the time spent with you today. Thanks and good luck. Alex

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