Feel like my student accommodation was misrepresented and want to get out of the contract. Is this possible?

About 8 weeks ago I collected my keys for my accommodation, I should mention I was quite disappointed with the room so never actually moved my belongings in. I was extremely disappointed upon entering my room as it looked very different from the showroom or pictures advertised. It was quite grimy, there were stains and a dead bug on the mattress. The furnishings and floorings were different to the showroom. The bathroom was disgusting, black stains on floor and still had hair from the previous tenant in the bathtub.

In the ad it stated that the wifi is 100mbs throughout the building which isnt true. I checked multiple times and it actually varied from 40-80 with it never going higher. I know 80 is still high but one of the reasons I chose this accom was because of the fast wifi. The fact that it doesnt reach 100 like promised means I could have chosen a cheaper accom that had the same wifi speed 40-80. Also in the ad there are certain furniture pieces that were promised, including a chair. However for the first 2 1/2 weeks I had no chair. They claimed it was because they were ordering more furniture and delivery was delayed, however when it finally came it was very obviously used and had dust and stains all over it so their excuse of me not having a chair because they were ordering a new one seemed to be a lie.

My main issue was I specifically requested to have an ensuite. Ensuite flats have two bedrooms with one being an ensuite and the other bathroom in the hallway. I did specify multiple times that I would like an ensuite however I was given the bedroom without the bathroom attached to it. This was fine as I still had my own private bathroom. However at 2 1/2 weeks I bumped into my flatmate who told me her bathroom seemed to have plumbing issues, so since the start of the tenancy she’d been having to use mine. She did put in a maintenance report a week prior but nothing had been done yet. This was the main issue as I’ve been paying more than most other tenants since I asked for a private bathroom yet for the first couple of weeks I didnt get a private bathroom.

There is also a facebook group chat for the tenants. At the start of the tenancy, a resident posted a chat stating that she felt the rooms had been misrepresented and asking if this was the case with others. Multiple other tenants agreed, so this misrepresentation of rooms is an ongoing issue throughout the whole residence. I messaged asking the commenters in this chat if I were able to take screenshots to show that multiple tenants were unhappy, which they agreed with. However, a week after I commented this the chat had been deleted. Im 100% certain the lettings agent deleted this as theyre admins for the group. So it seems as though they’re trying to hide that residents are unhappy with their rooms. Ideally I would like to end the tenancy but also get my deposit and first months rent back if thats possible. I feel as though I’ve been scammed for the reasons mentioned. Mainly the wifi, different furnishings and the fact that I paid to have a private bathroom yet didnt have that for the first few weeks (no idea if the problem would be fixed now). Any advice would be appreciated, thank you.

Misrepresentation is rife with everything, not just rooms. Welcome to the grown up world.

Check the marketing for words like “upto” 100mbps. And “where possible”. Can you name one incidence where you need 100mbps?? 10 is more than enough for an end user.

The 100mbps probably refers to the speed that supplies the building. It would not be possible to guarantee each user 100mbps as speed is affected by others on same network. The more others download the less you get.

Wanting an en-suite and signing for one is completely different. Do you have paperwork to confirm the room being offered to you would contain this?

So you’re complaining about not having private bathroom because you offered to share it with a friend?! If you had said no you would have a had a private bathroom? :flushed:

So you got a chair after a few weeks. Tick.

As for hairs and a dead bug, well, just get rid of them?

As for Facebook group messages being deleted, these are private matters which should not be discussed publicly. 2 sides to every story. It seems to be expectations may be unrealisticly high or misunderstanding of what’s offered. Also, even if there are problems they need a chance to rectify, not have a public lynching. Would you like to be sued for causing loss of business through misrepresentation yourself? Facts need clarifying.

Based on what you have said you have no grounds to end tenancy.

If you have checked the room out before signing for it you would have known what to expect.

To put this into perspective, Netflix HD requires ideally 5mbps, standard definition 2mbps, and 4K 25mbps.

Hi, while I agree you should check various features as outlined in the first half of Mark10’s response, I think he was too harsh in the second half.

If you have proof of misrepresentation, i.e. display photos, etc. and photographs of the condition of the property, and screenshots of the Facebook pages, then you have proof of misrepresentation and can a) claim a reduction in your costs, b) get compensation, and probably cancel the agreement and possibly get some or all of your money back.

First write to the agent, copy to the landlord if you have their contact details, as the agent will have let the landlord down. Before doing so, get legal advice, e.g. one of your peers or their parents may have this facility already, or you can get Which? legal advice for £99 for the whole year.

If they don’t act on your personal claim, with the screenshots, you can threaten a class action legal case. Of course, you don’t have to go through with it - the threat alone may prompt recompense and cleaning actions.

Your claim in this instance would be brought under the Misrepresentation Act 1967. The claim of misrepresentation arises where you’ve relied upon a statement that has induced you into entering into a contract, but which isn’t true. In this instance, you have relied upon the statement that the place would be in a good, clean condition, but it’s apparent that it’s not, and that you have the descriptions and photos and proof of bathroom requests being acknowledged, etc. to prove it.

Good luck

By the way, with the way that the web has developed, you need a high speed broadband service, especially if you are interacting with the college / university system, like uploading your work to them. $40+Mbps should be good enough, but I notice when my speed drops below 60Mbps resulting in me thinking I have a computer problem when I don’t!

You could of course, without seeking legal advice, have a go on your own, using this as a guide:
Where it’s proven the item has been misrepresented to you, you’re entitled to either rescind the contract or claim damages. Rescission in this instance means you’re entitled to unwind the contract and seek a full refund. Damages would refer to any loss you have suffered as a result of the misrepresentation.

First, notify the agent of the problems as a complaint, and suggest that the sale was misrepresented to you. Tell them that, for this reason and in accordance with the Act, you’re seeking a full refund and seeking damages as compensation, e.g. being cheeky here: full refund until the place meets the specification that was implied when you entered into the contract in the first place. Hopefully you can strike a compromise or have the agreement terminated if that is what you really want.

If the agent refuses to provide a remedy or ignores your messages, you might need to consider court action to obtain a refund. The court process is initially cheap and easy, using a “Money-on-Line” (MCOL) claim process, but this can end up as a protracted process, and excessively expensive if you use a solicitor, if they don’t obey the court’s first decision. Go to gov.uk and search for Money Claims to make a claim.

2mbps per user is suffice to upload and download average coursework. The high speed figures are nonsense and false selling points. 2mbps is enough to use cloud based services. People assume they need huge numbers, they don’t.

Bigger number more significant for video services and huge file transfers like video,

Upload speed is relevant. Numbers quoted are usually only download.

10mbps down and 2 up is plenty.

Domestic broadband is not comparable to commercial broadband.

Family members in same household streaming Netflix etc, this is where you need the bigger numbers.

To Mark10’s point. During the lockdown 5 of us happily shared 10mbps internet for school and work including live meetings.
As for your dissapointment - As much as it might not be practical it is crucial to visit property you will be living in. Attention to detail that you are looking for will not be on photos.
Before acting please think if you have a better alternative as a start. View others before starting anything so that you can gauge where your current accomodation’s level is compared to others. Also think of the people in the same setting as you can clean things but you cannot change people easily.
Do not forget you have lessons to focus on, so soon you will be numb to surroundings (i.e. room’s state etc) and studying full on! I wish you good luck.

Im not sharing with a friend actually. I’m not splitting any costs with anyone. In my contract I’m paying for my own bedroom and my bathroom not for the whole flat.

‘If you have checked the room out before signing for it you would have known what to expect.’ With student acommodation flats you’re never actually shown your own room / the room you are given. You would be shown a showroom. This is my issue as I clearly stated that the showroom looks very different to what you are actually offered in the end. I’d appreciate if you worked on your reading comprehension and actually understood what I had typed before responding with this attitude.

Hello, I appreciate your responses. In regards to the wifi I’m not claiming that anything under 100 is unsuitable for me. I agree that having a lot less than that would be fine for me to do my work. The problem is I rented this accom under the guise that I would be receiving 100mbs as it stated in the ad. This accom is more expensive than others I had viewed. One of the reasons I ended up picking this one was for the supposed fast wifi. Had I known that the actual speed would be a lot lower I would have picked the other flats that were cheaper but most likely would have had a similar broadband speed.

Tenants have rights under consumer legislation. If you can show that the property is substantially different to what you were promised then you could seek to “unwind the tenancy” under the Consumer Rights Act 2015. From memory, I think this must be done within the first 3 months and you would be entitled to a full refund if the judge agreed with you.

However, from what youve said I dont think youve have a strong case. Most of what you describe is cosmetic and cleanliness related. Unless you have evidence that an en-suite room was promised, that wouldnt be considered.

You should try to negotiate an end to you tenancy based on your consumer rights, which you should read up about. If you dont get anywhere, you would have to bring the case yourself in court and that will have costs. Its a risk because if you fail, you will likely have to pay the other sides legal costs as well as your own. I wouldnt suggest you attempt this without getting a legal opinion.