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RJM Law
RJM Law, Lawyer
Category: Property Law
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Experience:  LL.B (Hons)
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I’ve just rented a property and the landlord told me the

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Hi I’ve just rented a property and the landlord told me the following before the viewing (he was subletting the flat). “There is also some scaffolding going up on the whole block of flats, due to start in a few weeks time. I'm told by the landlord this won't be disruptive or unsafe.” He also said that he had a license to sublet. It turns out that the scaffolding will be up for around 12 months in other words for the whole of my tenancy, which he did not tell me (and yep I was dumb for not asking) and also that while the license to sublet has been granted, he did not have it before signing the tenancy agreement. Is the lack of warning if 12 months of a scaffolding outside my window considered to be a ‘misleading omission’? And if not and I have no redress under the law for that, does the fact that he rented the flat without the sublet license count for anything?
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: No I haven’t.
JA: Have you talked to a lawyer about this?
Customer: No not yet.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No

Welcome and thank you for choosing our service, I will be the expert assisting you with this matter today.   I appreciate this matter is important to you and I shall try to resolve it as precisely and quickly as possible for you today.

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Thank you.

So long as he had the licence at the time the the property was actually sub-let that would be moot.  However, this could be seen as a misleading omission, it really then depends what you wish to do.  If you want a reduction of rent, then you will have to negotiate this with the landlord or if that does not get you a remedy you can look at escalating the matter with the housing ombudsman who may be able to assist in obtaining a remedy.  However, if you do not wish you live there then you can take the position that they have misrepresented the contract and therefore terminate it without requiring to invoke the termination clauses.  What ever route you wish to go down.  do not hesitate to act, if you do then the breach of contract can be seen as affirmed meaning you have accepted the breach.  The landlord may dispute that it is a breach if that was the case they would require to take the matter to court.

I hope this information proved helpful.  You will find a local solicitor who deals with these matters on the law society webpage which is as follows;

https://solicitors.lawsociety.org.uk/ (England)

https://www.lawscot.org.uk/find-a-solicitor/ (Scotland)

https://www.lawsociety.ie/Find-a-Solicitor/Solicitor-Firm-Search/ (Ireland)

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Should you require any further assistance on this matter, please do not hesitate to post a further questions for additional assistance.

Kindest Regards.

Customer: replied 13 days ago.
Thank you RJM law,
I just need some clarification.
1. He has had a letter saying he will get the subletting licence. He does not have the licence yet. The landlord’s solicitors are putting it together.
When you say that this would be a misleading omission do you refer to the lack of subletting license or him omitting to telling me that the scaffolding would be up for 12 months, as the latter is the real reason I want to leave.
If the former, does the fact that he did not tell me that the scaffolding would be up for 12 months also count as a misleading omission?
What would be my next steps?
Do I email him to tell him that I would like to leave?
Thanks

I was referring to the scaffold.  If he does not have the licence to sublease he cannot legally enforce a. contract on you so. yes, I would email and tell him you wish to leave.

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