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JimLawyer
JimLawyer, Solicitor
Category: Law
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Experience:  Senior Associate Solicitor
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Just wanting to enquire what the fee for this service might

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Hi there, just wanting to enquire what the fee for this service might be? Just have a question about a small matter really, but wanted to know where I stand. I'm a tenant moving into a new property next week. The house was let unfurnished, there is no inventory and no mention of furniture in the contract (apart from the usual stuff, like "fittings"). We've now been told that some furniture is staying. We're happy to keeps some things that are useful, but we have a dispute now over a really large bit of furniture that we want removed and the landlady has told us we can't as she can't store it anywhere. The agents have avoided our calls and basically given us stalling answers at every opportunity. I want to try and resolve this, but I just wanted to know where I stand with regards ***** ***** pressure to ask my landlady to take it. Like I said there is no mention of furniture in the contract and there has been no inventory taken. Thanks! - Marco
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: Can I speak with someone about this?
JA: Where is the house located?
Customer: Ok, well I guess not...
JA: Anything else you want the lawyer to know before I connect you?
Customer: Well just an indication of how much this service will cost would be nice, thanks.
JA: The Expert's answer will cost $10 to $100, depending on the issue type and time to respond. You'll see the exact amount on the next page and can decide then. It's way less expensive and more convenient than any face-to-face visit.
Customer: Ok that's fine, thanks.

Hello, my name is ***** ***** I am a qualified lawyer happy to help you today.

It is a simply legal issue here which is misrepresentation in contract law - this term means that you saw the property advertised as "unfurnished", yet now they say not all furniture is out of the property - which means that you were misled. This is breach of contract unless the landlord and agency remove the item - they cannot advertise a property as being unfurnished when furniture remains there. You could if you wish get out the contract and demand your money back. There is an protection afforded by the Consumer Rights Act 2015 which means a product or a service has to be offered "as described". If not, again this is breach of contract and you could demand your money or sue for it in the money claim site (http://www.moneyclaim.gov.uk) if they disputed the refund.

If they refuse to move the item you could suggest a lower rent (as the original contract has been breached) or you could pay for storage for the item for the duration of the term and withhold that per month (citing the above). You should also consider a complaint to the agency and to ask them for their property redress scheme details so you can ask their dispute resolution provider to become involved.

I hope this answers your question – if so could you please click 5 stars at the top of your screen, that will give me a rating on the site and I can answer any follow up questions at no extra charge.

Many thanks,

Jim

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