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My brother and I rented a 4 bed property around 5 months ago…

Customer Question
My brother and I rented...
My brother and I rented a 4 bed property around 5 months ago on a 6 month lease. Shortly after signing the lease with the landlord just gone, we realized there was no living room. I questioned the landlord the next time I seen him and he laughed saying 'yeh, you are right but we are allowed to do that so we advertise it as 4 bed, make more money'.

We recently overheard the director of the letting agency saying to workmen(who are due to come in a knock down the wall in 1 months time) that one of the bedrooms is not big enough in size to qualify as a bedroom, so it's not legal.

I checked the lease we signed and there is no mention of how many bedrooms there are. I do however have 2 seperate pictures i got from the internet of the letting agent advertising the same property as 4 bedroom. Where do we stand?
Submitted: 8 years ago.Category: UK Property Law
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Answered in 2 minutes by:
6/11/2010
Solicitor: Joshua, Lawyer replied 8 years ago
Joshua
Joshua, Lawyer
Category: UK Property Law
Satisfied Customers: 26,148
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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Is it just the two of you living there or are there other tenants too?
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Customer reply replied 8 years ago
It's just the two of us. We pay £1100 per month.
Solicitor: Joshua, Lawyer replied 8 years ago
I do not mean this to sound flippant, but I'm intrigued - why can you not then just make one of the bedrooms into a living room?
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Customer reply replied 8 years ago
We did. I think you're missing the point. I feel we have been sold a lease under the pretences it's a 4 bedroom property - which commands a higher monthly rental fee. When in fact, the propery is legally only a 3 bedroom property - the rent should be substantially lower.

What I need you to tell me is, can I do anything about this legally, make a claim for money back etc?
Solicitor: Joshua, Lawyer replied 8 years ago
No sorry I did understand the point you were making - it was just curiosity on my part.

Turning to your specific query, I am afraid there is no specific legislation that will assist you. If the property was advertised as having a sitting room, that is a different matter as there is a material representation. If however the advertisement is silent on the point, there is no such misrepresentation.

There is no legal deminimus for the size of a bedroom. There are provisions in the Property Misdescriptions Act which may give you a claim against the agent if they have provided obvious misleading or misrepresntative statements or pictures about the property that suggested it had a sitting room.

Vis a vis the landlord, the major hurdle you have to overcome is you take the property as seen. There is therefore an incumbent responsibility on you to have availed yourself of the opportunity to inspect the property before you sign a tenancy agreement. I understand there are circumstances when tenants cannot inspect the property due to personal circumstances/commitments but the unfortunate fact is that an enormous risk is taken by a tenant in not inspecting.

Did you by chance ask whether there was a sitting room. Certainly if you have evidence that they suggested there was one, again this would give you a basis for misrepresentation.

Unfortunately, otherwise I think you have very limited grounds on which to take action.

Do come back to me if you have any further questions, or if there are any further facts relevant to the above that you would like me to expand upon. I am sorry I do not seem to have given you any particular cause to be optimistic.
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Customer reply replied 8 years ago
Just quickly Joesh...

There are however minimum room sizes under the Environmental Protection Act, which are 90 square feet for one person?

Also...i
sn't there a section in the regulations stating a bedroom must be able to accommodate 1 single bed, 1 wardrobe an bedside table/drawers. With all associated activity spaces for each

I will get the original particulars for the propery for a quick review, if there is no mention of a living room and the above information is useless I will accept your answer no problems. Thank you
Solicitor: Joshua, Lawyer replied 8 years ago
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