Misleading Advert and Incorrect Floorplan

I’ve taken out a rental and trying to leave the contract – due to the advert not mentioning a height restriction in the bedroom and the floorplan is also completely inaccurate - losing around 2.4m x 1.1m of the room itself. I believe it’s uninhabitable due to not being able to stand up straight in near the entire room as well.

I’ve called the landlord and explained - They’ve not been helpful nor responded for 5 days since I rose the issue - immediately after getting the keys. I don’t want to get a solictor involved personally as I’ll have to recoup far more than just my deposit and first months rent plus I don’t want it to drag out.

Openrent also say they have no responsibility for allowing the misleading Advert so I think my only option is consumer advice and solicitor. Would really appreciate advice - I’d like to settle it amicably and get the money returned ASAP because I am currently commuting near 4hrs a day for work. I need accommodation ASAP (that I can stand up straight in - I’m only 5’10. Not a giant by the way)

Does this mean you ageed to rent without viewing?

Yes, I went by the advert. I had a viewing booked but it was cancelled and didn’t have time to go again until moving into the city.

therein lies the problem, you signed up for what you had not seen, very unwise. There are many properties with such height restrictions… You are on a sticky wicket I believe

That is true - however the landlord cancelled the viewing. Didn’t supply a photo of the bedroom or en-suite but the rest of the flat so I feel I’ve been totally misled

Under consumer legislation, you have the right to unwind the tenancy within 90 days, (I think), if the ad was misleading. You should also get all your money back. If the landlord doesnt respond to informal communication, send him a letter before action ASAP.

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So David is probably right in regards to the consumer act (I wouldn’t know) applying to this contract.

However, if the height measurements are nowhere in the ad and no mention of being able to stand throughout you will find it difficult to argue misleading. The measurements are more concerning though.

Also, in law, if you carry on living there you will not be able to retrieve your money as you must return the “item” immediately rather than carrying on using it.

Yeah I agree with you, I’m going by the floor plan being completely inaccurate specifically as well the other issues on top.

I haven’t stayed there at all. I got the keys, said it’s ridiculous and can’t expect to put up with it for a year of my life and left. I’ve been commuting to work everyday since from a family friends house and trying to find something else. I’ve tried to get the landlord to end it and take accountability but seem to have been ignored.

I think I have to go through a solicitor but I was really hoping there could be an alternative to avoid the time and pain it causes.

It may breach legislation on room sizes if the height is not above 1.5m

I have a feeling that a certin proportion of a room can fall below this

Yes, thats right, but the area below this doesn’t count toward the rooms size. Anyway, I think the consumer rights angle is probably a better option as this is an issue that the landlord would be required to make clear in the advert.

when houses are advertised for sale agents often list as "max .size off room " so you know it is into an alcove . A chimney and fireplace can take quite a chunk out of a room, so can fitted wardrobes. Misleading adverts are all over the net

Yes they are, and all will be in breach of consumer legislation. For the most part nobody bothers about it and I believe court cases based on the Consumer Rights Act 2015 and even the Consumer Protection from Unfair Trading Regulations 2008 are uncommon. However, the right to unwind the tenancy and receive a full refund is in the legislation. See: Shelter Legal England - Tenant remedies for unfair trading practices - Shelter England