Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • FIRST POST
    • Lingua
    • By Lingua 17th Jul 17, 8:20 PM
    • 217Posts
    • 224Thanks
    Lingua
    Accommodation was mis-sold
    • #1
    • 17th Jul 17, 8:20 PM
    Accommodation was mis-sold 17th Jul 17 at 8:20 PM
    Hi all
    Have tried to find a similar thread on here already, so if there is one to direct me to then please do so.

    My accommodation mis-sold several features prior to the signing of the contract (which was done at home electronically - does this count as off-premises sales?).

    These features are quite wide-ranging, but include:
    - an intercom
    - a study room
    - a music room
    - a 24/7 monitored CCTV security system (there is CCTV, but it is not monitored as indicated)
    - a cafe, which was later made into a kitchenette as low student numbers meant no tenant could be found. This particular one is tenuous as they could not have known no tenant would be found?

    I am currently writing a letter requesting a refund, although Citizens Advice advised to word it as a "reduction". This is problematic as I have already paid up for the full term of my tenancy, and I am not sure how to go about putting a particular money value on those services above. I would have been able to go somewhere else for £1000-£1500 cheaper without those features, so I feel that difference is an acceptable amount to request?

    Please let me know if there are any particular regulations I should refer to. I have already made reference to the Misrepresentation Act 1967.


    Thanks

    Lingua
    Last edited by Lingua; 17-07-2017 at 10:13 PM.
    Long-Term Goal: £14'000 / £40'000 mortgage downpayment (2020)
Page 1
    • ThumbRemote
    • By ThumbRemote 17th Jul 17, 8:37 PM
    • 3,811 Posts
    • 4,844 Thanks
    ThumbRemote
    • #2
    • 17th Jul 17, 8:37 PM
    • #2
    • 17th Jul 17, 8:37 PM
    I assume this is rented student accommodation.

    How much did you pay in total?
    Who are you renting it from?
    • hollydays
    • By hollydays 17th Jul 17, 8:52 PM
    • 15,635 Posts
    • 11,444 Thanks
    hollydays
    • #3
    • 17th Jul 17, 8:52 PM
    • #3
    • 17th Jul 17, 8:52 PM
    So there were photos of the study room and music room?
    • Lingua
    • By Lingua 17th Jul 17, 8:58 PM
    • 217 Posts
    • 224 Thanks
    Lingua
    • #4
    • 17th Jul 17, 8:58 PM
    • #4
    • 17th Jul 17, 8:58 PM
    I assume this is rented student accommodation.
    Yes

    How much did you pay in total?
    £8415
    Who are you renting it from?
    a limited company (not university)
    Originally posted by ThumbRemote
    So there were photos of the study room and music room?
    Originally posted by hollydays
    No, the study room was advertised in writing. The music room was advertised through a web page on their website, and in advertising material such as posters, flyers, etc., the same as the intercom.
    Long-Term Goal: £14'000 / £40'000 mortgage downpayment (2020)
    • hollydays
    • By hollydays 17th Jul 17, 9:10 PM
    • 15,635 Posts
    • 11,444 Thanks
    hollydays
    • #5
    • 17th Jul 17, 9:10 PM
    • #5
    • 17th Jul 17, 9:10 PM
    So you didn't even see Photos of the accommodation?
    A very basic requirement I would have thought?
    • LilElvis
    • By LilElvis 17th Jul 17, 9:24 PM
    • 3,203 Posts
    • 8,860 Thanks
    LilElvis
    • #6
    • 17th Jul 17, 9:24 PM
    • #6
    • 17th Jul 17, 9:24 PM
    Have you already taken up occupancy or is this for the new academic year starting early October?
    • Lingua
    • By Lingua 17th Jul 17, 9:36 PM
    • 217 Posts
    • 224 Thanks
    Lingua
    • #7
    • 17th Jul 17, 9:36 PM
    • #7
    • 17th Jul 17, 9:36 PM
    So you didn't even see Photos of the accommodation?
    A very basic requirement I would have thought?
    Originally posted by hollydays
    Yes, photos were shown for many of the other features but these ones were not able to be seen. It was a new-build, with us as first tenants, so many features did not have mock-ups available.

    Equally, I had trust that features promised in their advertisement were actually in the premises.
    Have you already taken up occupancy or is this for the new academic year starting early October?
    Originally posted by LilElvis
    I have already taken up occupancy. We (myself and other tenants) have been trying to raise this issue since we moved in, and with the end of the tenancy now approaching, I have decided to take a formal route. It is late on to try and move forward with this, but our complaints have previously fallen on deaf ears.
    Long-Term Goal: £14'000 / £40'000 mortgage downpayment (2020)
    • hollydays
    • By hollydays 17th Jul 17, 9:43 PM
    • 15,635 Posts
    • 11,444 Thanks
    hollydays
    • #8
    • 17th Jul 17, 9:43 PM
    • #8
    • 17th Jul 17, 9:43 PM
    Did you put your complaints in writing?
    Last edited by hollydays; 17-07-2017 at 9:50 PM.
    • Lingua
    • By Lingua 17th Jul 17, 10:01 PM
    • 217 Posts
    • 224 Thanks
    Lingua
    • #9
    • 17th Jul 17, 10:01 PM
    • #9
    • 17th Jul 17, 10:01 PM
    Did you put your complaints in writing?
    Originally posted by hollydays
    A few months ago they were put in writing, and we were told by the regional manager to get in touch with the company with a rough figure of what was felt to be an appropriate refund, so that is what I'm doing. The only niggle is producing a reasonable sum and quoting the correct legislation.


    Cheers

    Lingua
    Long-Term Goal: £14'000 / £40'000 mortgage downpayment (2020)
    • wealdroam
    • By wealdroam 17th Jul 17, 10:03 PM
    • 18,651 Posts
    • 15,554 Thanks
    wealdroam
    ... with the end of the tenancy now approaching,...
    Originally posted by Lingua
    Have you anything written showing that you have raised these issues at any time during the last year?

    Without that, I can easily see an argument being put forward that you have accepted the accommodation as it is.
    • wealdroam
    • By wealdroam 17th Jul 17, 10:07 PM
    • 18,651 Posts
    • 15,554 Thanks
    wealdroam
    The only niggle is producing a reasonable sum...
    Originally posted by Lingua
    I would suggest that that sum is very small.

    After all, you have managed without those facilities.

    If you had hired, for example, a music room because you could not possibly manage without one, I might think differently.
    • Lingua
    • By Lingua 17th Jul 17, 10:08 PM
    • 217 Posts
    • 224 Thanks
    Lingua
    Have you anything written showing that you have raised these issues at any time during the last year?

    Without that, I can easily see an argument being put forward that you have accepted the accommodation as it is.
    Originally posted by wealdroam
    As mentioned above, there was correspondence with the regional manager. I've also submitted a complaint to the Advertising Standards Authority (ASA) and through them Trading Standards for the site being mis-sold.

    I would suggest that that sum is very small.

    After all, you have managed without those facilities.

    If you had hired, for example, a music room because you could not possibly manage without one, I might think differently.
    Originally posted by wealdroam
    The issue would be that there is similar nearby accommodation with most of the features of my current accommodation, except those detailed above, and they are around £1k cheaper. Had the above facilities at my accommodation not been advertised, I would have chosen the other accommodation. The prospect of a study room was really key as I need quiet study space, and one of my fellow tenants was hoping to practise their instruments in the muisc room because of its soundproofing. In their rooms, they cannot play too loudly due to neighbours.
    Last edited by Lingua; 17-07-2017 at 10:13 PM.
    Long-Term Goal: £14'000 / £40'000 mortgage downpayment (2020)
    • wealdroam
    • By wealdroam 17th Jul 17, 10:12 PM
    • 18,651 Posts
    • 15,554 Thanks
    wealdroam
    As mentioned above, there was correspondence with the regional manager. I've also submitted a complaint to the Advertising Standards Authority (ASA) and through them Trading Standards for the site being mis-sold.
    Originally posted by Lingua
    Neither the ASA or TS will get you any money back.

    All they will do is perhaps advise the company on how to better behave in future.
    • Lingua
    • By Lingua 17th Jul 17, 10:13 PM
    • 217 Posts
    • 224 Thanks
    Lingua
    Neither the ASA or TS will get you any money back.

    All they will do is perhaps advise the company on how to better behave in future.
    Originally posted by wealdroam
    I'm aware of that, I just mentioned it to point out that I have most definitely raised the issue, and that it would provide evidence that I am not satisfied with the accommodation.
    Long-Term Goal: £14'000 / £40'000 mortgage downpayment (2020)
    • wealdroam
    • By wealdroam 17th Jul 17, 10:20 PM
    • 18,651 Posts
    • 15,554 Thanks
    wealdroam
    I'm aware of that, I just mentioned it to point out that I have most definitely raised the issue, and that it would provide evidence that I am not satisfied with the accommodation.
    Originally posted by Lingua
    But as I said before, an indication of your dissatisfaction would've been more appropriate at the beginning of your tenancy or very soon after.

    You told us you wrote to the regional manager 'a few months ago'.
    Already that was some months into your tenancy.

    You might like to consider asking a board guide to move this thread to The House Buying, Renting & Selling Board where you might get different opinions.
    • wealdroam
    • By wealdroam 17th Jul 17, 10:22 PM
    • 18,651 Posts
    • 15,554 Thanks
    wealdroam
    The issue would be that there is similar nearby accommodation with most of the features of my current accommodation, except those detailed above, and they are around £1k cheaper.
    Originally posted by Lingua
    Then you have your figure.
    • hollydays
    • By hollydays 18th Jul 17, 9:11 AM
    • 15,635 Posts
    • 11,444 Thanks
    hollydays
    I'm not sure it's helpful to suggest the op goes "to the library"
    • agrinnall
    • By agrinnall 18th Jul 17, 11:06 AM
    • 18,777 Posts
    • 14,485 Thanks
    agrinnall
    I'm not sure it's helpful to suggest the op goes "to the library"
    Originally posted by hollydays
    Why not? Some people study better at home, some in the library, some at other locations. If the OP hasn't tried the library option yet it would be worth giving it a shot in case it's the perfect answer. Unless of course it's not the ability to study that is the primary concern but how much compo can be obtained...
    • unforeseen
    • By unforeseen 18th Jul 17, 1:05 PM
    • 2,003 Posts
    • 2,530 Thanks
    unforeseen
    Are the ones that are 1k cheaper owned by the same company? If not each company is free to set their own price. Even if owned by the same company they are free to set differing prices for whatever reason they wish. The market will decide whether the prices are OK.
    Are all the other facilities the same including room sizes etc?
    • Lingua
    • By Lingua 18th Jul 17, 4:23 PM
    • 217 Posts
    • 224 Thanks
    Lingua
    Why not? Some people study better at home, some in the library, some at other locations. If the OP hasn't tried the library option yet it would be worth giving it a shot in case it's the perfect answer. Unless of course it's not the ability to study that is the primary concern but how much compo can be obtained...

    The library is a very long way from my accommodation, on the other side of the city, which is why I wanted somewhere in the are which had a private study area I could make use of.
    Originally posted by agrinnall
    Thank you to all providing constructive and helpful comments. This is not something I have ever had to engage in before, and so of course appreciate that my response may not always be something a seasoned MSE'er would do - that is why I came here to ask for help and advice.
    Last edited by MSE ForumTeam3; 19-07-2017 at 12:17 PM. Reason: Quoting deleted post
    Long-Term Goal: £14'000 / £40'000 mortgage downpayment (2020)
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

2,501Posts Today

6,411Users online

Martin's Twitter