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Thomas
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6658
Experience:  BA (Hons), PgDip, Practising Solicitor
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I recently saw an advert on rightmove which stated that this

Resolved Question:

I recently saw an advert on rightmove which stated that this let property had a key feature of a garage. I have a copy of the advertisement. When viewing the property, I asked if the garage was included and the estate agent said that it was. When viewing it the second time there was no mention that the garage was excluded
I have now paid the deposit and one month rent up front, signed an agreement which did not state that the garage was excluded and now that we have 2 weeks to go till we move in I am told that the garage is excluded.

What are my options given that I only have two weeks to go till I move in
Submitted: 1 year ago.
Category: UK Property Law
Expert:  Thomas replied 1 year ago.
Hi,

Did the advertisment specifically say that the garage was included? I not you refer to a "key feature"?

Do you have the agent's confirmation in writing that the garage was included?

What has been there response when you queried their statement that it was not included?


Tom

Customer: replied 1 year ago.

In the full description below the key features it states "the property features include a garage, gas central heating, wooden flooring to the ground floor and double glazing throughout"


 


The only thing I had from the agents was the rental agreement which does not exclude the garage.


 


Yesterday when the agent phones me it was specifically to let me know that the garage was not included as previously advertised, and wanted to know what I wanted to do about it. I was furious at that time and as they were not putting any suggestions forward, I said so this probably means that i will just have to live with that.


 


When I contacted a friend of mine who is an estate agent she suggested that I contact an ombudsman and put my case forward as she said that I had a strong case

Expert:  Thomas replied 1 year ago.
Hi,

Thanks.

What would be your ideal outcome to the situation?

I have a 15 mins meeting now unfortunately.

Kind regards,

Tom
Customer: replied 1 year ago.

They provide me with the garage would be the ideal solution as that was one of the reasons why I took the property.

Expert:  Thomas replied 1 year ago.
Does the written tenancy agreement have a clause that states that the written tenancy agreement is the entire agreement between the parties and other such statements are disregarded?

Or something to similar effect?

Tom
Customer: replied 1 year ago.

No there is no such statement

Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

You have a reasonable case for misrepresentation if the marketing documents included the garage and the agent also confirmed that the garage was included (though it would be better if you had a written acknowledgement too). Misrepresentation is an action under contract law.

If the tenancy is silent on the garage then they may attempt to defend on this basis, but your argument would be that your discussions before and the marketing literature implied that it would be included.

I would write a letter to the agent/landlord referring to the marketing documents and to their confirmation that it was included and state that you have a legally binding tenancy agreement. State that if they do not include the garage with the tenancy then you shall consider their statements a misrepresentation and shall issue proceedings for an order that you are afforded use of the garage. State that you will claim your costs, damages (ie. time you have to spend on issuing the claim) together with interest.

I should think that you have a reasonable case in Contract here. The only difficulty is that it’s not specifically included in the agreement itself.

I would also state that in addition to the contract proceedings you will refer the matter to the Ombudsmen in respect of the estate agents negligent dealings here.




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Kind regards,


Tom
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6658
Experience: BA (Hons), PgDip, Practising Solicitor
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