UK Property Law
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1. It is both an actionable misrepresentation and breach of a fundamental term of a letting agreement that the building doesn't have the planning represented, nor planning for the stated use you intended to use it for. Both causes of action give you a right to rescind the lease and bring it to an end. Accordingly, you will be able to get out of this lease if you so wish. Simply write formally to the landlord and his solicitor (or wherever the lease states is the address for receipt of notices) and state that owing to misrepresentation about the planning situation or breach of the fundamental term that the building had proper planning, you intend to rescind the lease and you are moving out. State that the payment of all rental monies will cease, and you want your deposit back. If you believe that there will be problems with the landlord and his solicitor, then I suggest you get a solicitor to write the letter of recission. However, you should realise that this is a clear case of a building not conforming with what was warranted.
2. Be aware that you can potentially sue both the estate agent and the solicitor as well as both misrepresented the situation. So you have leverage over both. Additionally, you can bring a complaint before the Property Ombudsman Service (www.tpos.co.uk) against the estate agent, or make a complaint about the solicitor to the Solicitors Regulation Authority. Be aware that you must first have complained to the firm in each case before you take your complaint further.
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