Immediate Refund Law on Rented Apartment

Telecaster_2

Hey MSE,

My GF and I recently rented an apartment somewhat close to a buy night life street. We were aware of this but the estate agent told us the windows had triple panels to soundproof them. After spending one night there this obviously isn't the case and without earplugs we wouldn't have been able to sleep.

So this brings me to wondering if there is any law covering an immediate refund in the case of being mislead or if there is something very unsatisfactory. If there isn't is there any other good way of us progressing past this problem?

I understand this was partly our fault to as we could have asked to view it on a busy night at night, that we shouldn't have taken a realtor's word on this and that we shouldn't expect a complete refund as the landlord had to take the property off the market and would now have to remarket it. We'd happily pay a small compensation for that but i'm wondering if that is even a possible option.

Many thanks.

Enfieldian

What country are you in, out of interest?

Telecaster_2

England. The weird timezome posting is because i woke up w/ this on my mind.

lizzielondon

Telecaster wrote: »

Hey MSE,

My GF and I recently rented an apartment somewhat close to a buy night life street. We were aware of this but the estate agent told us the windows had triple panels to soundproof them. After spending one night there this obviously isn't the case and without earplugs we wouldn't have been able to sleep.

So this brings me to wondering if there is any law covering an immediate refund in the case of being mislead or if there is something very unsatisfactory. If there isn't is there any other good way of us progressing past this problem?

I understand this was partly our fault to as we could have asked to view it on a busy night at night, that we shouldn't have taken a realtor's word on this and that we shouldn't expect a complete refund as the landlord had to take the property off the market and would now have to remarket it. We'd happily pay a small compensation for that but i'm wondering if that is even a possible option.

Many thanks.

Do you have this in writing?

I don't know the answer to your question but it occurs to me if you clarify this people might be able to advise you better?

good luck x

adg1

Unfortunately without what the agent said in writing about the triple glazed windows you have very little recourse.

Yes he lied to you but there is no proof that he did and unfortunately without proof you won't get very far.

You have a couple of options now:

1. See out your contract
2. Serve notice to leave and get the agent to remarket the property with you responsible for the rent until a new tenant is found and the landlord reletting commission.
3. Talk to your LL - he may be willing to install secondary glazing for you to make the house livable.

As you have signed a contract with a fixed term there is little else you can do I'm afraid.

Fire_Fox

Telecaster wrote: »

Hey MSE,

My GF and I recently rented an apartment somewhat close to a buy night life street. We were aware of this but the estate agent told us the windows had triple panels to soundproof them. After spending one night there this obviously isn't the case and without earplugs we wouldn't have been able to sleep.

So this brings me to wondering if there is any law covering an immediate refund in the case of being mislead or if there is something very unsatisfactory. If there isn't is there any other good way of us progressing past this problem?

I understand this was partly our fault to as we could have asked to view it on a busy night at night, that we shouldn't have taken a realtor's word on this and that we shouldn't expect a complete refund as the landlord had to take the property off the market and would now have to remarket it. We'd happily pay a small compensation for that but i'm wondering if that is even a possible option.

Many thanks.

Are you sure the windows aren't triple glazed? Do you have it in writing that you were told they were? Did you inspect the triple glazing during the viewing? How can you expect a letting agent who works 9-5 to know how noisy a flat is at night? If this is a university town you may find the area gets much quieter over the summer, if not WAX ear plugs are fantastic, far more comfortable and far more effective than sponge.