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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We've been misled by the agent as to level of internal noise

Resolved Question:

We've been misled by the agent as to level of internal noise that we recently signed a tenancy agreement. It is unbearably loud and we can not live under such conditions how do we void the tenancy agreement?
Submitted: 11 months ago.
Category: Property Law
Expert:  Ash replied 11 months ago.

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

Have you reported this to the council at all yet please?

Customer: replied 11 months ago.
No we've not moved in yet and don't want to take up the tenancy because the noise from upstairs is nothing like want the agent claimed. We went to the property to pick up the keys and were horrified at the level of noise. When we asked the agent during our viewings they assured us that the tenants were at home at time and noise would be minimal. She told us that landlord had insulated to minimise the noise and it was a family with two young children. We were surprised to find a family with 2 teenagers,(4 full size humans in a 2bed first floor flat) we could hear normal levels of conversation, footsteps, closing doors, everything!!! It was like living inside a drum and there is no way of managing that level of noise, it would be incredibly stressful not to mention likely lead to conflict with new neighbours. We refuse to move into this property and would like the tenancy cancelled because we feel incredibly misled by the agent.
Expert:  Ash replied 11 months ago.

Ok. Has the agreement been signed by you and landlord? Have you had a book which is called how to rent?

Customer: replied 11 months ago.
agreement signed but we don't wish to move in, how do break the void/cancel the agreement? I don't have this book
Expert:  Ash replied 11 months ago.

by law they have to give you this book. You could argue the fact they have not means the tenancy is void.

However in any event given the noise level and the clearly misrepresentations by the agent that you can say there is a fundamental breach of contract.

That is a breach of such significance it destroys all trust and confidence,

With a fundamental breach of contract you do not have to proceed with it.

Given what you have said and the disgraceful behaviour I think you can end it and claim back any money paid,

Indeed you could sue for loss and damage.

Can I clairfy anything for you about this today please?

Customer: replied 11 months ago.
Thank you Ash, my stress levels are already falling! I have one final question - would we need to hire a solicitor to act on our behalf or could we do it ourselves?
Expert:  Ash replied 11 months ago.

You can do it yourself.

Does that help?

Ash and other Property Law Specialists are ready to help you
Customer: replied 11 months ago.
thank you!
Expert:  Ash replied 11 months ago.

have a great bank holiday

Customer: replied 11 months ago.
Hello?
Expert:  Ash replied 11 months ago.

Hello!

Customer: replied 11 months ago.
Not sure what to do? Do you call me for live discussion?
Customer: replied 11 months ago.
I want to inform the agents that we will not be proceeding with the tenancy due to the level of noise within the flat - is there a template for this sort of letter? I want to kick start the process and then hand over to a solicitor at some point - is this a good plan of action?
Expert:  Ash replied 11 months ago.

Do you have a number I can call you on?

Customer: replied 11 months ago.
Hello Ash, are you still online? I appear to have paid for live discussion as well as this messaging option - its all a bit confusing!
Customer: replied 11 months ago.
Expert:  Ash replied 11 months ago.

Yes I have your number. When should I give you call?

Customer: replied 11 months ago.
Is right now okay?
Expert:  Ash replied 11 months ago.

I am just on the train, coming back from Court - I will do it when I get to station if that is ok?

Customer: replied 11 months ago.
Shall we chat at 5.30pm - would that be more convenient?
Expert:  Ash replied 11 months ago.

Yes thats ok.

Customer: replied 11 months ago.
Excellent look forward to speaking with you then.
Expert:  Ash replied 11 months ago.

Thanks!

Customer: replied 11 months ago.
Hello again, we've notified the agent that we do not wish to proceed with the tenancy due to the unacceptable noise levels being misrepresented to us and also requested that our monies be refunded. They are now referring us to their complaints procedure that seems to funnel into The Property Ombudsman's process...must estate agents who are regulated by the TPO submit to this process?
Expert:  Ash replied 11 months ago.

You can still claim back and sue. You don't have to go through the ombudsman but you can if you want.

Customer: replied 11 months ago.
Would we need to engage the services of a solicitor if we opt to claim back and sue should they refuse to refund our money? They've sent us a holding email in which they advise a 14-day TPO timeframe during which they will investigate and respond to our complaint.
Expert:  Ash replied 11 months ago.

No, it would be a small claim. So those coats won't be recoverable.

Customer: replied 10 months ago.
Hello again...we are waiting on a response from the agent. I'm now wondering if it is it up to us to inform the landlord that we are seeking to the void the tenancy agreement because there has been a fundamental breach of contract as a result of misrepresentations by their agent or, is it enough that we have initiated the process with the agent? They are also the managing agent for both flats at the address, which are owned by this landlord. It is a converted terrace house - we were told that the top flat was a two bed but the Manager we spoke yesterday to confirmed that it also has a converted loft!

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