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Stuart J
Stuart J, Property Solicitor
Category: Property Law
Satisfied Customers: 23706
Experience:  Senior Partner at Berkson Wallace
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I just want to know what’s my rights on this case; I have

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Hello, I just want to know what’s my rights on this case;
I have rent a shared house by virtual view, so signed the contract and I paid half deposit but when I first came in the house was horrible filfhy and I couldn’t use the common areas…
I have called the agent and said that I don’t want to stay on this house anymore but she said if I leave she will take me to the courtIn this case what’s my rights because when she shows me the video of the hous it was clean but when I can it was very very dirtyPlease how can I get this case sorted
(The contract doesn’t have a break clause

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

Please bear with me as 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.

How did you find this property?

and the video shows a clean property and the reality is different?

have you told her she has mislead you?

Customer: replied 8 days ago.
I found this agent on Facebook market and she made a very bad video we can’t see the details…but is very dirty I have photos…
Yes and she said that she will call for the cleaner to come on the next day
But I spoken to the house mates and they said the house never been cleaned up(they’re very dirty aswell) anyway I didn’t feel good on this house
Do I have any right on this ?
Customer: replied 8 days ago.
Customer: replied 8 days ago.
Hello ?
Customer: replied 8 days ago.
Hello ???
Customer: replied 8 days ago.

This is the problem that you have when you sign a tenancy agreement without physically seeing the property, you are bound under the terms of the tenancy which means that you would pay rent until the end of the term or until a new tenant takes of occupation.

If you simply walked out, it would depend whether the landlord decided to pursue you for that rent.

However it would appear that the landlord and the agent misrepresented the property by showing it is absolutely beautiful on the video well as the reality was something else.

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 you would have a counterclaim against the landlord and the agents for misrepresenting what you might want to tell them is that if they pursue you for this after you leave, you will be looking to substantial compensation under the above regulations.  Tell them that the compensation is going to be far more than the outstanding rent.

It remains to be seen whether they accept that or whether they pursue you.

Thank you for letting me assist you with your legal question.  I am glad that I was able to help.

I am not certain whether that answers the question for you or not, but I am happy to answer any specific points arising from this.

It will be my pleasure to help you again either further with this or any future questions you have

Kind regards

Customer: replied 8 days ago.
what’s your best advice if I want o leave at this point?!
May I send a email to them?! And telling what? And do I need to make a claim against them first ??
Customer: replied 8 days ago.
Hello??

I am sorry, but this is not a chat service.  It’s an email reply board and therefore there may be a delay getting back to you because we have clients and travelling and other users to deal with.

Sometimes we will get back to you in minutes, other times it will be longer.

Before you leave, I would tell them all of that.  See what they come back with.

Customer: replied 8 days ago.
Ok sorry

It was my pleasure to assist you. Please come back if anything else crops up and needs clarification.
Thank you for trusting Just Answer with your legal problem.

Stuart J and other Property Law Specialists are ready to help you
Customer: replied 5 days ago.
Hello Stuart
Customer: replied 5 days ago.
Have you got access to our last conversation

I can only see this one thread

Customer: replied 5 days ago.
Ok I will resume for you
Customer: replied 5 days ago.
I’m having problems with my land lord, as I have booked a “virtual Viewing “ at this property but when I came to the house it wasn’t what I expected, the shared house was so filfhy and I couldn’t used the common areas for the first night…
Customer: replied 5 days ago.
Beside that, the room was so so small and I couldn’t fit myself in…so I spoke to my letting agent she said she can do nothing and I want to leave she will take me to the court

Yes, I understand that, that was what we started with.  We have dealt with all that and I have answered.  What is it that you now want to know about this?

Customer: replied 5 days ago.
I will send the email that I have send to the land lord and I will send aswell what she replied
Customer: replied 5 days ago.
Mine
Customer: replied 5 days ago.
Them
Customer: replied 5 days ago.
Them2
Customer: replied 5 days ago.
Them3
Customer: replied 5 days ago.
What am I supposed to do on this situation

Thank you.  None of that changes my answer.  I’m not certain what it is that you want to know about this now.  Thank you