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Joshua
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 30007
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Can I unwind a tenancy agreement just based on the fact they

Customer Question

Can I unwind a tenancy agreement just based on the fact they advertised the property have a garage.
JA: What are you located? It matters because laws vary by location.
Customer: London
JA: Has anything been filed or reported?
Customer: No
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I had also seen the viewing, where they pushed that I was to go for long term tenancy the landlord will give me the garage as part of the rental cost. As its verbal conversation they have been denying that it took place. I am.now trapped in three years contract that doesn't even have a clause break. I am scheduled to move in this week Friday but I don't want to. They have given me "solutions" but hinesltu it's the point where I no longer trust them. They were rude when I said I no wanted to go ahead with them and stated that I have signed a contract so can't back off.
Submitted: 11 days ago.
Category: Property Law
Expert:  Joshua replied 11 days ago.

Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.

I am very sorry to read of the above and I imagine how frustrating it must be. I will certainly try to clarify the position for you.

  1. Do I understand correctly that there is no evidence other than your statement that a garage was promised please?
  2. Is there anything else wrong with the property?
Customer: replied 11 days ago.
I
Customer: replied 11 days ago.
As you can see I have the listing here it clearly states that there should be a garage
Customer: replied 11 days ago.
I have written evidence where the letting manager stating that it was not listed on the ad, and then she retracts and said the garage is not usable and was never in the price range. She also states in her email that the landlord wants to use it for personal use when the letting agents have already told me that they wish to rent it out. Will I be able to get out of this contract and also I have no clause breaks? Should I not have clause break legally?
Expert:  Joshua replied 11 days ago.
  1. Thank you. This was the advert for the property rental?
  2. Was the above exchange you report before or after you signed the tenancy agreement?
Customer: replied 11 days ago.
The exchange of the garage not given to me happened after I signed signed tenancy
Customer: replied 11 days ago.
Sorry I meant to say yes the exchange happened after the tenancy
Customer: replied 11 days ago.
There is no mention of the garage in the tenancy either
Expert:  Joshua replied 11 days ago.

thank you. It seems quite clear from the advert that the garage is included and that no further discussions were had with you in terms of making clear that the garage was excluded prior to you signing the tenancy puts the landlord in a difficult position. On the face of it, the landlord would appear to be in breach of contract for failing to provide you with the specification in relation to the property that was advertised.

The consumer protection from unfair trading regulations provide that if you can show that the property is in a significantly different specification or condition to that which it was advertised as being in, which under the circumstances I would suggest is not likely to be difficult, or if the landlord withheld material information which should have been disclosed to enable you to make a proper decision in relation to whether to rent the property, then among other things, you can exercise a right under the above regulations to unwind the contract and demand a full refund of all rent paid. This right exists for the period of the first three months following the start of the contract.

There is a useful summary of the regulations here:
https://www.businesscompanion.info/en/quick-guides/good-practice/consumer-protection-from-unfair-trading

The first question would be what do want to do. In either event the next stage would be to contact the landlord or agent and put forward your concerns and demands in terms of resolution whether that be unwinding the contract and damages or just claiming damages by way of a reduction of rent etc.

If you sought a court order to unwind the tenancy agreement and claim damages, and the landlord is unwilling to agree to your requests, you would need to issue proceedings using form N1 and send in triplicate to the courts Salford Business Centre:

https://www.gov.uk/government/publications/form-n1-claim-form-cpr-part-7

if you are simply claiming damages without wishing to unwind the agreement, then he can issue a claim online if it becomes necessary at the following link:

https://www.gov.uk/make-money-claim

Customer: replied 11 days ago.
how do I put this in notions? Do I need a solicitor? Also do I need receipts that I have paid or is my bank statement enough. I do not want resolution, they have offered me those verbally over the phone but they didn't respond when I said I wanted it in writing. I absolutely do not want to move there, can I reject their resolutions?
Customer: replied 11 days ago.
Actually they have emailed me now. They are willing to let me use the storage space in the garage but not the garage itself.that wss their resolution which I'm not happy about
Customer: replied 11 days ago.
This resolution came about as they argued that I will be given a parking permit and the garage is too small for car which I am not sure if uts entirely true. And i argued I would have used the garage for storage they said they will give me the space at the back but not the garage itself
Customer: replied 11 days ago.
Will I still have a strong case
Expert:  Joshua replied 11 days ago.

as above, if you decide that you wish to seek to unwind the tenancy, you would need to complete the N1 form having advised the letting agent first that this is your intention unless they honour the specification set out in the advert.

Customer: replied 11 days ago.
If they agree to honour the specification after I have started the unwind the tenancy. Am I in the rights to deny it and leave the contract? I honestly do not want to go through the contract, I read reviews and they seems to be horrible letting agents. I see problems moving in.
Expert:  Joshua replied 11 days ago.

If they provide you with the specifications agreed including the garage, then this would prejudice any claim to unwind the tenancy I regret that you could still see costs in relation to any court application you have made prior to this event and seek a reduction in rent for the relevant period you have been without the garage. In order to unwind the tenancy, you need to be able to show that there is a subsisting breach of contract at the time of the hearing

Customer: replied 11 days ago.
How the breach clause? Should I not be given one?
Expert:  Joshua replied 11 days ago.

are you able to clarify your above question please?

Customer: replied 11 days ago.
I dont a breach clause to leave the contract early. I was told that I am going to have one but they haven't given it to me.
Expert:  Joshua replied 11 days ago.

Do you refer hereto a break clause?

Customer: replied 11 days ago.
Sorry break clause
Expert:  Joshua replied 11 days ago.

thank you for the clarification. There is no obligation or requirement for a break clause to be included. It is a matter of negotiation between the parties as regards ***** ***** break clause should be included in the tenancy agreement

Expert:  Joshua replied 10 days ago.

I hope the above is of some assistance but if you have any further questions, please revert to me.

Customer: replied 10 days ago.
As I stated the contract made no mention of the garage but listen address as premises. Wouldn't thr garage fall in that category? Does the premises need to mention garage for it to be included
Expert:  Joshua replied 10 days ago.

as regards ***** ***** this will depend upon whether the garage falls within the natural curtilage of the property or not. for example, a detached house with a drive and garage would not need to specifically mention the garage for the garage to be included as part of the tenancy. In this case, looking at the advert, I assume the garage is quite separate to the flats and accordingly, it would likely need to be specifically mentioned in the tenancy to be included. However, as we have discussed above, there would appear to be a misrepresentation as regards ***** ***** given in the advert with the consequent rights you have as a result

Customer: replied 10 days ago.
I have a solicitor sending a letter. Can I cease all communication as they are asking me what time I am picking up keys. The solicitor advice me not to move in whilst this is ongoing. Do I need to inform them that I will not be coming in to pick the keys
Expert:  Joshua replied 10 days ago.

I agree that it would be sensible for you to consider not moving in if you have no intention of taking up the tenancy. If you do not moving, tenancy is not created which leave this as a more straightforward contractual dispute. If your solicitor is about to write a letter, it may be sensible to leave this to him. If there is going to be a substantial delay between now and your solicitor writing a letter, then you may wish advising that you will not be collecting keys and you have instructed a solicitor will be in contact

Customer: replied 9 days ago.
Is rescinding a contract the same as unwinding contract. My solicitor wrote a letter rescinding the contract. Can I cancel all standing orders to the letting agents, or is the contract still binding?
Expert:  Joshua replied 9 days ago.

Essentially yes. "Unwinding" is a less legalese term more readily understood than recission but they are two ways to describe essentially the same thing

Expert:  Joshua replied 8 days ago.

I trust the above answers all your questions for now. If you have any follow up questions please do reply back to me.

Customer: replied 6 days ago.
Worse scenario if my landlord doesn't agree? Will I have to pay rent till court hearing? Even if I don't move in
Expert:  Joshua replied 6 days ago.

You do not have to pay rent but the risk is that if the court rules against you would still owe that rent. Accordingly you can suggest that the landlord remarkets the property as soon as possible in order to mitigate losses. Once a new tenant is found at least the dispute only relates tot he period between the start of the tenancy and the date the new tenant moves in

Customer: replied 6 days ago.
I would have been using child support and dss to pay for the rent. This was disclosed to the landlord. C
Expert:  Joshua replied 6 days ago.

If you consider this is material then you can reply on it.

Customer: replied 6 days ago.
They have agree to release me from the cpntractv
Customer: replied 6 days ago.
Contract
Customer: replied 6 days ago.
Can I send the email asking them to pay for my legal fees?
Expert:  Joshua replied 5 days ago.

I'm very pleased to read of the above. You can of course ask for them to make a contribution towards any fees you have paid but you would be unable to enforce this without recourse to court. This is unlikely to be worthwhile in and of itself.

Expert:  Joshua replied 5 days ago.

Thank you again for visiting JustAnswer and see you again in the future I hope.

Customer: replied 5 days ago.
When can I expect them to pay me back? I haven't heard back from the solicitor. Can I just email themselves
Expert:  Joshua replied 4 days ago.

I am afraid only the other party can answer that question. However if you consider that they have had sufficient time, then you can consider escalation if necessary to court as above.