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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 24640
Experience:  Senior Partner at Berkson Wallace
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We recently signed a short term tenancy agreement, but the

Customer Question

Hello. We recently signed a short term tenancy agreement, but the inventory report was only given after that. the inventory report states that there are no keys from the ground floor windows. Prior to signing the agreement I made the lettings agency aware that security is important for us.
JA: Where are you? It matters because laws vary by location.
Customer: the other thing is that the boiler was entirely switched off during both of our visits, and the 3rd visit when we signed the agreement and got the keys. after that, I realized it is switched off and I switched it on, and it was making a terrible noise on the ground floor and also could hear even on the 1st floor. so this could be considered as misleading information as we were looking for a nice house without noise. the last thing is that I just got ill with Lyme disease and that changed family's circumstances significantly. I am based in London what way you advice to approcah the agency as I want to terminate the aggrement it was only signed yesterday late evening
JA: What steps have you taken so far?
Customer: no steps yet as I wanted to consult before as I want to successfully terminate the agreement with less stress as I am unwell.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: the deposit and 1st months rental is paid some time ago, the agreement is signed and I have keys. nothing else
Submitted: 19 days ago.
Category: Law
Customer: replied 19 days ago.
Regarding those windows keys, I asked about them initially and checked if they are universal for windows as I saw not all of them are there. I was told all the keys will be givent at the time of the signing the agreement
Customer: replied 19 days ago.
nothing is mentioned on the break clause in the agreement, only that 'to vacate the property at the end of the tenancy, the tenant is required to give 1 month's notice in line with tenancy dates'
Expert:  Stuart J replied 19 days ago.

Hello. Thank you for the question. It is my pleasure to assist your with this today.

Please bear with me and I will be online and off-line from time to time and therefore, may be delayed getting back to you. You will receive an email when I reply.

Do you mean the keys to enable you to lock the windows?

and does the boiler work - hot water and heating?

where you given all the mandatory guides for renting?

Customer: replied 19 days ago.
thanks very much, Stuart.Yes, I mean the keys to lock the windows as they are on the ground floor. I would not feel safe if they are unlocked. If we want to connect burglar alarm, some companies may even not be able to provide us with this service because of the higher risk, or it would cost more as essential part of security for windows is missing.It was making a loude noise but even after couple of hours or so there was no hot water yet.What mandatory guidance you mean? I got the agreement, the deposit certificate and what is this scheme, Energy certificate, smoke alram test, receipt of funds, gas certificate. I received the Inventory report around 1 hour later once the agreement was signed.
Expert:  Stuart J replied 19 days ago.

On 1 October 2013, the Property Misdescriptions Act 1991 (PMA), which previously made it a criminal offence for estate agents to make false or misleading statements about properties being offered for sale, was repealed. The government has taken this step in order to reduce duplicate legislation because there are now two other pieces of legislation which regulate estate agents and other businesses involved in property sales and lettings: the Consumer Protection from Unfair Trading Regulations 2008 (CPRs) and the Business Protection from Misleading Marketing Regulations 2008 (BPRs)..

Why one is entitled unfair trading regulations and the other is misleading marketing regulations, I have no idea but it doesn’t affect the substance.

So it’s not misleading information they simply didn’t tell you about something.

It is misleading however if they told you the you would get the keys at the time of signing the agreement because it is reasonable to assume that you would get all the keys and not just a few of them.

The problem for you is the landlord is probably not going to let you go easily and then, you have an argument, potentially in court, over the misleading information.

You have a further argument to get back your advance rent and deposit.

However what you could do is simply change the window handles so that they lock.  They are not expensive.

Get the boiler fixed so that it has no noise which is also not going to be that expensive and then take the landlord to the Small Claims Court for the costs if he will not pay up to get that done or refused to get it done in the first place.

You may then give you a section 21 notice to quit but from what you said, you wouldn’t want to stay there anyway.