Misled about apartment

Tenant Discussion
1

Hi looking for some advice.

I enquired about whether an apartment being advertised had a kitchen, as a previous advert by the landlord for the same site shows a kitchen with integrated oven/hob (the current advert didn’t show this, but room similar ) and was told by the landlord that each appartment has it own kitchen.

I then proceeded to pay the holding deposit and arranged a move in date for today.

Upon getting the keys today the appartment was nothing at all like the one advertised and didn’t have a kitchen just a unit with a sink in it.

I’ve requested to unwind the tenancy as I feel been misled.

Was wondering has anyone experienced anything similar and what are my chances of the landlord agreeing (I have saved messages re: kitchen question/answer).

Due to circumstances I was not able to view the property in person, does this make a difference?

2

There is a strong lesson here to view first. If thru an agent seek redress. Have you taken pics of the “real” situation.? Threaten legal action However the pics did not show what you expected so were you really misled?

4

Hi Colin,

Thanks for the reply and in an ideal world viewing would definitely be completed, unfortunately my situation didn’t allow it.

to add more context to why I feel I was misled

I asked the letting agent/landlord;

“… are you able to advise if the apartments have their own kitchen area. I can see a previous listing for these apartments show one ”

The response I got was;

“absolutely each apartment has its own kitchen”

Upon getting the keys, The apartment has a desk with a sink built into it and no kitchen at all

On the basis of this and the images in the listing I proceeded to process the application.

To add I’ve sent them today a right to unwind tenancy agreement using the template on the shelter website

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5

Seems the agent misled you. They may be in a redress scheme or association you can complain to

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6

Hopefully so, that’s reassuring.

I guess just need to not worry and wait for a reply. I’m hoping the fact I didn’t move in will help my case.

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7

AFAIK and someone may correct me, you only have an agreement to rent and not a tenancy. If you had moved in, the occupation of the space creates the actual tenancy.

There is now the issue of whether the agent/LL will try to sue you for loss/breach of contract. You could counter this with a claim they home was not fit for human habitation so the contract was not capable of being put into effect. Depends if the LL wants to chance his luck at court.

There may be a lot of noise coming from the other side but you might want to make enquiries of the council’s environmental health department if they could inspect the place and ask the LL if he wishes to allow the council to go into inspect.

The LL’s answer will reveal all.

8

Environmental health are overworked and understaffed it’s most urgent first so this will be at the bottom of the list

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9

As I have possession of the keys even though I haven’t moved in, I’d imagine this is all that’s required to start the tenancy.

I’m hoping can come to an agreement whereas I get all my money back minus the 1 week holding deposit as I feel that is a more than fair outcome for everyone.

Just need to wait and see, figured I’d give them till Wednesday and if no reply possibly escalate to the courts

10

Try MCOL money claim on line

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11

Possibly or possibly not. With the keys the elements are there but a court might stop one stage earlier and conclude you did not have the means to exclude all. So pre-action letter which your letter probably is and then MCOL. Clearly you have to argue the keys do not mean physical possession as you do not have control of all the keys.

12

How long after sending the letter requesting to unwind should you wait before going the MCOL route?

13

I suspect the point sbout whether there is a tenancy is moot in this case, but there seems to be a clear right to unwind here if there is written evidence of the misinformation. If you get a negative response then I suggest you contact Shelter for more help.

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14

Aren’t all civil servants now overworked and understuffed?

15

From your enquiry and the reply it seems you have definitely been misled. A sink does not constitute
an apartment with its own kitchen.

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16

this landlord has sinked to a new low.

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17

Thanks for everyone’s input.

I issued a claim which was ignored l, so have now issued a judgement which I assume will also be ignored. What are the realistic chances of getting the 1st month rent and deposit back?

What’s interesting is that they are still advertising on openrent for the building/rooms I got and they have not responded to any of my emails to them or even chased up 2nd month rent.

It almost looks like they are running a scam which I fell for. My own fault because even a basic Web search shows in Feb of this year they were fined £30,000 for failing to get licenses for a HMO.

Guess my deposit is also gone and not in a scheme either.

18

You need legal help. Try a no-win, no-fee solicitor

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19

Hi James,

I understand that you were in a different location and couldn’t view the property in person. Did you request to view the apartment remotely (for example, using a WhatsApp video call, Facetime etc.)?
The thing is that “kitchen area” definition is a bit vague, and one might claim that an area of a room with a worktop and a kitchen sink is indeed a “kitchen area” (given the tenant brings their own fridge and cooker).
Sorry for being a “devil’s advocate” here but you do need to think about the answers to these questions if you pursue the case in court.
Hope you manage to resolve this situation in a best possible way!

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20

Thanks for the reply and unfortunately I was not able to view it remotely.

When I asked them about the kitchen area I did say like the other advert they have up showing an actual built in oven, sink and microwave. However from a court POV you never know if that will be enough.

What I will say is they have completely ignore every email I have sent (including the one I sent on the day I picked up the keys asking them for the code to actually get into the building). If they were in the right surely they would’ve responded to this outlining that.

They have also not chased for the 2nd month rent and I can see they are still advertising rooms on openrent for the same building block (guess they need to get all the money they can to pay the £30,000 gone they got in Feb).

Guess they know not everyone can afford to get their money back so if they ignore it they get £2000 (deposit and 1st month rent) for nothing.

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21

Taking and keeping keys is confirmation of a tenancy and the big problem is you accepted the property,irrespective of a viewing or not !
Also just because they are not chasing the rent doesn’t mean they have forgotten and could easily turn round and claim rent arrears or it could forgotten!
You need legal advise