Agency/Landlord have totally deceived us... What to do?

hyperfunk_d

Hi all,

Apologies if some or all of this has been covered previously - I just have a spare 10 minutes at work so I am typing this as fast as I can (i have no internet in my new place yet)!

My partner and I moved into a new flat (12 month rental) this week after seeing it advertised with an estate agency. We viewed it twice before agreeing costs etc. Paid the relevant fees and signed the tenancy agreement. All good it would seem... until the day we moved in.

1) The flat was clearly advertised as 'furnished' on the agency website, as well as them having several photographs with the furniture in it - the same furniture that was there on both of our viewings and the same furniture that two separate staff from the agency told us would be included.

2) Upon arrival ALL furniture was gone - in place of around 10 items, were approx 3 very poor much smaller substitutes. (We were left without a bed, dining table, curtains and more).

3) Flat was clearly advertised as having an 'underground parking space' on the agency website and this again was confirmed by a staff member who even offered to show it to us during a viewing. We actually just have a space out on the road and nothing underground/secured.

4) The agency claim they were mislead by the landlord, the landlord says the agency have used false information that he never gave them - both are refusing to help rectify the situation though, except that the landlord offered to buy us a bed, but nothing more.

We phoned/emailed approx 15 times on the day we moved in, but had no help, then sent an official letter stating that we would pursue a legal route if the agency did not rectify the situtation, but today they replied and stated they still would not do anything because it isn't their fault/problem.

My main question is, what should we do now?! Do we have a case against them - we have all the adverts and photos from the website and the tenancy agreement signed by the landlord.

Thanks for any help you can give and my apologies for the essay on here!

BitterAndTwisted

Got anything in writing that proves the furniture that you saw in the property was included? My own feeling is that the agents are probably right: they've been seriously misled by the landlord. There would be no benefit to the agent to make representations on behalf of the landlord which they knew were untrue.

hyperfunk_d

I guess my main response to that would be, even if the landlord did give them false information, is it not their business to check these kinds of things? To just say "we didn't know", after misleading us for weeks, seems a bit unacceptable to me?

Thrugelmir

Refuse to pay the rent. In the meantime look for alternative accommodation. With the evidence at hand, which is to say the least misleading. Hard to see how court action against you could be pursued.

AFK_Matrix

This is like a bit of deja vu for me lol. I had exactly the same problem when I rented my very first place, I was very naive and took the word of the EA that there was furniture included. So rocked upto the flat and it was completely empty!!! Luckily I had my dad with me and he had some spare furniture I could use. But I raised merry hell with the EA and eventually I got a settee and a table out of them I think. I learnt my lesson there and then that if your told its a furnished flat then you want a written list of everything that will be in the list and for the EA/LL to sign in it.

If you have nothing in writing your going to find it very hard to get anything done about the situation. Just keep persevering with it and hopefully you'll get somewhere.

hyperfunk_d

AFK_Matrix wrote: »

This is like a bit of deja vu for me lol. I had exactly the same problem when I rented my very first place, I was very naive and took the word of the EA that there was furniture included. So rocked upto the flat and it was completely empty!!! Luckily I had my dad with me and he had some spare furniture I could use. But I raised merry hell with the EA and eventually I got a settee and a table out of them I think. I learnt my lesson there and then that if your told its a furnished flat then you want a written list of everything that will be in the list and for the EA/LL to sign in it.

If you have nothing in writing your going to find it very hard to get anything done about the situation. Just keep persevering with it and hopefully you'll get somewhere.

Haha yes, I realise we were slightly naive - but another way that the agency/landlord have broken the tenancy agreement is that they stated we would receive a full inventory which would list all fixtures and furnishings BEFORE we moved in. This never materialised and now they both say that they don't do an inventory for this flat!

All in all, I can't see how they can escape the bottom line that they advertised the flat as furnished, with photos also indicating this and then supply it as unfurnished?!?

mjdh1957

Does the agency belong to one of the national organizations? If so, complain to them.

And you could involve the local council Trading Standards department.

And you could take them to court as a last resort.

Clearlier

Normally your contract would be with the landlord. They would be the party I would pursue.

princeofpounds

You have two issues. One is of misdescription by the LA. The other is, potentially, break of contract with the LL.

The former may be pursuable by the OFT or by an association they belong to (expect nothing more than a slap on the wrist for the latter).

The latter is a matter for small claims court, but only if you can prove that your contract does include the furnishings. Copies of the adverts may help with that, but are not cast-iron.

G_M

The agent works for the lanlord. Anything he tells you is said on behalf of the landlord, and legally it is as if the landlord told you himself.

So whether the landlord misled the agent is not your concern - that is a matter between LL and his agent.

Your dispute is with the landlord, since he/his agents misrepresented the property. You therefore write to the LL to complain and ask for
* the tenancy to be terminated?
* a reduction in rent?
* a one-off compensation payment?
* whatever it is you want from this

Of course there is the question of proof. If the LL denies you were told those particular items of furniture were included, or the underground parking was included, then you have to prove he did tell you - either in person, or via his advertising, his contract, his inventory or his agent.

theartfullodger

Report fraud to police, get crime reference number.

The discuss with agent with a calm witness, be polite.

Report what they then say.

Cheers!!