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Hello my name is ***** ***** I will help you with this.
For now please let me know where the agreement was signed, was it at the agents offices?Alex
1. There is no right to suggest legal advice as to the contract. The law does not say that she needs to be advised or is it required.
2. She does have a cooling off period, but there does not need to be a notice of this. She is not purchasing goods on finance or at home, where a notice is required on the form.
3. The process you refer to is for goods and services, however this is a rental contract. However she should have been informed either in writing or on the contract she has a limited time to withdraw.
4. The unfair terms in consumer contracts regulations does not apply, as that was repealed by the consumer rights act 2015.
In any event there would be no obligation on the agent to tell her how to end the contract.
However if she is within the fourteen day period then she is entitled to cancel the contract without penalty. If it's been over 14 days and she wasn't advised that she could cancel the this cooling off period has not started and she can cancel.
Can I clarify anything for you about this today please?
Correct. It comes under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013
She only rents a room. If it was the whole dwelling it would be excluded.
Does that clairfy? Alex
99% of cases are not reported and therefore not recoded
This would be a District Judge decision in the County Court and therefore not recorded. Any decisions made below High Court level are not binding in any event.
In any event you would also have a claim for fairness of terms. The law says:
(1) A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer.
(2) A term shall always be regarded as not having been individually negotiated where it has been drafted in advance and the consumer has therefore not been able to influence the substance of the term.
Does that clarify? Alex
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Thats because it was the intention of Parliament to mean a whole property for rented accommodation
This is her ONLY angle, therefore I have considered the law and this is the last thing she can argue.
There is no other way she can get out of this save for the above.
This would mean she would be liable for the whole rental period.
Therefore I have considered all options and this is the only I have been able to find given her circumstances