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Stuart J
Stuart J, Property Solicitor
Category: Property Law
Satisfied Customers: 23699
Experience:  Senior Partner at Berkson Wallace
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Can I sue my estate agent for misleading me into a tenancy?

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Can I sue my estate agent for misleading me into a tenancy? They promised renovation BEFORE I moved’s now 3 years later and the house is still damp and has issues
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: nothing yet
JA: Where is the house located?
Customer: croydon, London
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 issues in the house have led me to a mental breakdown, I am getting nowhere with the agents.. I would like to sue for misrepresentation? I have copious emails proving my case

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.

I am sorry to hear this can i ask the following -

is this a private rental?

and what did they promise and do you have it written?

have you complained to Enviromental Health?

did the landlord protect your deposit and show you evidence?

Customer: replied 3 days ago.
a private rental through Choices estate agents.
They promised to repair the broken roof and windows and deep clean.
On moving in NOTHING was completed and the house was full of refuse.. the check in clerk deemed it uninhabitable and dugout not move in.
However my life was loaded into 2 lorries parked outside and that wasn’t an option? I have everything recorded in emails including their offers of compensation and their failings.
I have not spoken to environmental health yet.
I believe my deposit has been protected but I will need to confirm that.

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criminal offence for estate agents to make false or misleading statements about properties being offered for sale, was repealed.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.

Apart from the above, you also have a claim for the landlord’s breach of section 11 of the Landlord & Tenant Act for failing to keep the property and repair and of course breach of the covenant to do the same in the tenancy agreement.

You can of course make a complaint also to the Environmental Health Department at the local authority who, in the damp is bad enough can declare the property unfit for human habitation and stop the landlord renting it out and compel him to do the repairs.  Worth contacting.

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 3 days ago.
Thank you so very much, you have been a great help! Can I do this myself or do I need a solicitor?

You may get a solicitor to deal with the landlord’s disrepair claim no win no fee so it’s worthwhile making a few telephone calls.

You might need to ring round an awful lot of solicitors but you can search by postcode and specialism on the Law Society website find a solicitor link which is at the top left hand corner of the page.

However there is absolutely no reason why you cannot do it yourself if you feel able.

Stuart J and other Property Law Specialists are ready to help you