Ending tenancy agreement - misrepresentation

daz78

Hi
I have recently moved into a rented property ( 25th Aug ). When being shown around the property I was shown a garage in a block of garages that was to be included in the agreement. I was also shown a garden that I would have access to. There was also pictures of both these on the advert.

On the day of move in following the signing of agreement I was introduced to the landlord as all dealings have been through agent, the landlord then shown me the 'garage'. It was not the one agent shown or as in picture, it was an old garage with no door and one the landlord does not even own. He explained it had been empty for so long he 'claimed' it.
The garden is supposed to be a communal garden. A couple of days after move in I wanted to take my daughter in there to play on her bike. However, there are constantly 2 dogs in the garden who belong to a neighbour. The neighbour says the garden is not suitable for kids as her dogs are always in there and nobody has ever used the garden other than her.

A secure garage and garden are essential for myself, have I got grounds to end the tenancy early due to misrepresention of the garage and garden ?

Any advice would be most appreciated.

Thank you

BitterAndTwisted

Just because no-one else has ever used the garden before does not mean that it is not for communal use. Is there mention of this garage in your tenancy agreement? It sounds to me like the LL might not have been absolutely candid with the agent or that there has been some misunderstanding between the two of them.

Why not ask for clarification from your LL before thinking about going down the misrepresentation route? I suspect you may be onto a loser there in any case.

N79

daz78 wrote: »

Hi
A secure garage and garden are essential for myself, have I got grounds to end the tenancy early due to misrepresention of the garage and garden ?

Any advice would be most appreciated.

Thank you

Two points (well really a request for more information).

1. Since the garage is separate then it will need to be separately listed on the tenancy agreement. Otherwise there is just a your word against the LL's word for this dispute, with the paperwork backing up the LL's argument.

2. Does your tenancy agreement mention the garden and if it is attached to the property does it clearly state that the garden is shared? If the garden is not attached to the property then it will need to be separately listed for you to have a legal right of access at all.

Since you seem to agree that it is a communal garden then there is no reason why you should not use it. If the dogs are aggressive then talk to their owner and if that fails then report them to the council.