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Thomas
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7474
Experience:  UK solicitor holding an England and Wales practising Certificate.
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Just wondering whether you might be able to answer a quick

Customer Question

Hi
Just wondering whether you might be able to answer a quick question for me.
I am living in a house share/joint tenancy with 3 other people and we are all equally liable for the rent, not a room by room rent. We are private tenants dealing with a private estate agent and have no direct contact with the landlord who is supposedly out of the country but has a U.K. Forwarding address.
When renewing our contract our estate agents misled and misrepresented the terms and duration of the contract. Leaving all of us potentially out of pocket, Would I or we have a case against them?
As we were initially told that it would be a 12 month contract and after confirming this with them I have entered into 12 and 18 month contracts for tv and Internet services. They have only renewed our contract for 6 months and 2 months into the contact they have sent us a form letter signed by the agents telling us that the landlord wants to to repossess the property. This would mean I would have to pay out high ETA having to move in October.
Thanks
Jo
Submitted: 5 months ago.
Category: Property Law
Expert:  Thomas replied 5 months ago.

Hi,

Did you sign your renewed tenancy agreement?

Tom

Customer: replied 5 months ago.
Yeah that is the reason I'm concerned I did say that we had renewed our contract and I entered into other than and Internet contracts based on advice that they gave me.Also one of us was going to move out on the 2nd July based on what they told us and we had found someone to replace her on the contract , but that fell through after we received the letter from the agents and now she has already signed another tenancy agreement.
Expert:  Thomas replied 5 months ago.

Thanks. I should be able to answer at about 9.30 or so.

Tom

Expert:  Thomas replied 5 months ago.

Hi

Thanks for your question. I will try to help.

Unfortunately, I am afraid that you will most likely be bound by the tenancy agreement which you have signed and executed as tenants.

If you were provided the tenancy agreement for you to sign then it would have been for you to review the tenancy agreement and ensure that the terms of the tenancy were suitable for your purposes. Ultimately, this may sound harsh but the Agents can not be held responsible for a tenancy agreement which you signed.

The Agents may have referred to a 12 or an 18 month contract as being agreed in principle but this is subject to the written tenancy agreement that would have actually been signed. Therefore, a cursory check of the tenancy agreement would have revealed a longer term and it would have been for you to decide whether or not this was suitable. If it was not suitable you could have of course re-negotiated.

It is highly unlikely that you will be able to recover any losses that you suffer from the Agents. The difficulty is that although they may have said it may be a longer term they have not strictly mis-represented the terms of the tenancy because they have provided you with the full tenancy agreement with the actual term of the tenancy agreement stated in it.

For this reason and I am very sorry that you will not be able to recover any monies from the Agents.

You can of course posture that you will sue them or perhaps make a complaint to their Association in the hope that they may perhaps reduce the rent very very slightly but I would ultimately not expect this to be acceptable, it may be worth a try though.

My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.

Kind regards,

Tom

Expert:  Thomas replied 5 months ago.

Hi

Is there any further information you require?

I just want to ensure that you are satisfied, so please let me know if you have any further queries on the information I have provided. If you have no further questions then please do leave positive feedback using the stars at the top of the page.

Kind regards,

Tom

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