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Anthony Chendo
Anthony Chendo,
Category: Property Law
Satisfied Customers: 1978
Experience:  Solicitor at BLM
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I have put down a deposit for a place to stay in London. I

Customer Question

I have put down a deposit for a place to stay in London. I paid online while I was overseas. I arrived and paid the bone months rent. I have a one month contract. When I arrived, my room was dirty, bedframe is broken, missing handles on the dresser, bathroom lock doesn't work andth shower doesn't work. I would like to move as soon as possible but I don't want to lose and money.
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: No, I have only been here a few days and am looking into what the best plan of action from here is. I was going to send a list of damages with picture and video evidence because the contract says ”send list of any damages with pics within the first week of arrival”...
JA: Where is the property located?
Customer: East london
JA: Anything else you want the Lawyer to know before I connect you?
Customer: The rental contact does state that if you are wanting to move from the property within the first seven days of arrival then it is free of charge but they will reassign you to one of their properties. I would prefer to not rent from this same agency as I talked to a flatmate and they said that the shower hasn't been working for two weeks and they said they were going to come and fix it and know one has come.
Submitted: 12 days ago.
Category: Property Law
Expert:  Anthony Chendo replied 12 days ago.

Hello

Welcome to JA.

I am sorry to hear about your situation.

From the circumstance described it appears the agency's conduct prior to you moving in could be deemed a misleading action which likely influenced you to sign the tenancy agreement. Misleading action as described can be deemed an unfair trading practices, which is prohibited by the Consumer Protection (Amendment) Regulations 2014.

The law states that where someone has entered into a contract as a result of a misleading action or aggressive practice, redress under this civil law may be obtained through the right to unwind the contract, a discount and/or damages.

Do you understand what i have stated so far? if yes i will proceed to the next steps

Customer: replied 12 days ago.
I understand
Expert:  Anthony Chendo replied 12 days ago.

In order to claim this right, you must inform the landlord (or landlord's agent) that you want to reject the contract within 90 days of the tenancy start date. There is no obligation for this to be put in writing, but I strongly advise you to do so.

Therefore please take pictures, make the list of damages as you suggested and then please write to the Landlord/Agent reminding them of your rights under the civil law in question and you wish to exercise the right to unwind the contract.

Assuming they do not accept your position, you can file a complaint via the property ombudsman or the local council.

Customer: replied 12 days ago.
Thank you very much. Do you have suggestion of specific laws I can reference as I email them?
Expert:  Anthony Chendo replied 11 days ago.

Yes sure the law which prohibited this conduct is the Consumer Protection (Amendment) Regulations 2014

Customer: replied 11 days ago.
Thank you, ***** ***** send you a copy of the email I’m going to send, to be reviewed over?
Expert:  Anthony Chendo replied 11 days ago.

Hi

You can do so. Before you do please accept the offer proposed to undertake the service requested.