House we have agreed to rent now has no garage with it, where do we stand?

21flames

Hi

We found the perfect place yesterday and on the advert on the website it says it included a garage.

We secured it with are card details last night for the estate agent fee. We just have to hand in the application form and I presume they will then take the fee.

I get a phone call today off them saying the vendor has rented the garage separate and was this a problem. I said it was as we where pleased it came with the garage for car and storage. So I asked her if he would lower the rental price and she said she would ask the question, she hasn't got back to me yet.

This is the first time renting, I have told my dad and he says the estate agents have probably messed up but they wouldn't admit to it.

I'm presuming they will come back and say he won't lower the rent but I assume kicking up a fuss will just result in us loosing the property.

Any advice or thoughts would be gladly appreciated

Thanks

princeofpounds

All you can do is either say yes or no to the new arrangement, and then demand your holding fee back from the agent as it was their fault to pull out.

If they whine about it, tell them that you will contact the OFT to complain about their misleading advertising (save a copy of the advert!) and take them to the small claims court for the deposit.

21flames

Don't think they have taken the holding fee yet think that happens when they have the application form off us.

So I doubt I could get the holding fee back?

Fire_Fox

You are legally entitled to the holding fee back as the verbal contract has been changed. You may find the letting agents agree to cancel the arrangement without fuss, they may be awkward. If the letting agents are difficult you will need to send them a recorded delivery letter headed 'letter before action' - we can talk you through this process. As Princeofpounds says, keep a copy of the advert which offers the garage as this is key evidence.

21flames

We really like the place so will have it evan if they don't reduce the rental. Does this mean we can still claim the holding back if we move in?

clutton_2

so did you give a fee without even having looked at the property in the flesh so to speak ??

Fire_Fox

21flames wrote: »

We really like the place so will have it evan if they don't reduce the rental. Does this mean we can still claim the holding back if we move in?

A holding fee is usually put towards the costs of credit and reference checking you and lost to you if you pull out or you fail the checks. You really need to find out exactly what you have paid for and what you still need to pay in order to move into the property!

21flames

We looked round the place yesterday and secured it over the phone by giving are card details.

They have no pulled it off the net.

I will ring and find out exactly what we have paid and owe and let you know

Thanks for your help

Gerrym1984

This appears to be a misrepresentation mistake or otherwise, possibly also an element of breach of contract as you were paying for property with garage and have not got that. You can certainly claim back the fees and you can certainly have the contract rescinded on these grounds. This is an interesting predicament - Studying contract law atm and there may if im not mistaken be a point that on handing over your c/c details that you accepted the property. Now assuming that the vendor was then informed of this...to which he replies "well i have just rented the garage separately so tell the buyer that...". A contract is already in place and any contract he has made subsequent to the acceptance of your offer is deemed void.

If you really want this property i would seek legal advice. It may be entirely possible that the vendor has no choice but to honour the contract.

Good luck

21flames

Thank you

Getting some legal advice now

bitsandpieces

On the other hand, the relationship between landlord and tenant is just that - a relationship. You rely on the landlord to do repairs in a timely fashion etc. Even if you could legally force them to rent you the garage with the property, this may lead to an unfriendly start to the relationship.