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HI I will try and help.
Can you clarify what type of building you were expecting to see next to your property, and why?
Hi and thank you for your reply.
The property I rent is a semi on a corner plot with a very large garden to its free side and rear. Part of that corner plot had been fenced of to accommodate another build by my landlord. When viewing the house I now rent the letting agency told me a new build would be taking place and I assumed it would be a detached property and at no time was it mentioned it was being attached to this property either by the agents or my landlord. The letting agency have also told me they were not informed any new build would be attached to this house though obviously the landlord would have been aware of that.
is there notice of planning permission up near to the property (on a lamp post for example)?
I am not aware of any as I am housebound through bad health.
OK. Well it would be useful to find this out. I suspect that there would be such a notice and also it is likely this would be something the Landlord would point to in his Defense if it mentioned erect of an attached property. When it comes to arguing misrepresentation, there are a number of different aspects to this. Generally a person would have a cause for a claim in misrepresentation where they relied on a false statement that induced them into entering into a contract.....
In this case there was no statement, but possibly an omission. You would have to try and claim there was a negligent omission that induced you to enter into the contract...
This would be easy if you were not made aware that a property was being built at all. The problem with this matter however is that you were aware that a property was being built, and assumed it would be detached.
Either a property attached or detached is going to create come level of disturbance (indeed you have said you were willing to accept this to some degree). Therefore you will firstly have to succeed in the claim that this was been a deliberate omission, and then that there is a measurable difference in the level of disturbance, and that this can be quantified.
I think the issue of the notice of planning will come into play as the Landlord will try rely on the fact that public notice was given and you should have been aware. In addition they will argue that you have a degree of responsibility of asking the right questions about the built and didnt. I think overall to take this case to Court would be a difficult one to succeed on.
I hope this helps. Do please ask any follow up questions.
Thank you Matt for all your kind advice and fully understand what you're telling me. I am of the opinion that there was possibly an omission by the landlord in telling any prospective tenant viewing this house at the time that a house be attached to it as that knowledge may well have delayed him being able to let this house for some considerable time. Had I personally been made aware of a proposed attached build at that time I would not have taken up occupancy of this place.
i think the problem here is the issue of negligence versus your obligation as a "buyer" to investigate all necessery parts to the contract. In a comparable case of a sale/purchase contract there is an obligation on the buyer to do all things necessary to satisfy himself i.e. "buyer beware". The danger of forcing the case is that you whilst you havent been told what type of property was being built, you also havent asked what type of property was being built.
however it is all a matter of looking at the external circumstances of the case; the planning permission advertised, the statement of the Agents etc
sorry I cant be more positive but sometimes the facts of the matter just dictate as such. I hope that I have been of assistance to you however
I fully take on board all you say in myself enquiring further as to the nature of the build. Personally I would have thought as a tenant of his property he would have had an obligation by law to inform me by letter or personally of the nature of this build and the impact this would cause as not everyone sees lamp post notifications. Well not to drag this out any further, thank you for your time and advice.
I hope I have at least provided some food for thought for you. Please leave me positive feedback so that I can be pad for my time today. The question wont close and you can come back and ask any follow up questions at a later date.