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

Wee_Willy_Harris

G_M wrote: »

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.

Completely agree. If the LL feels the agent has misrepresented HIM, that is an issue for HIM to take up with THEM and is of no concern to YOU. (LL may be a HER, of course.)

Ulfar

Hopefully you have either written or electronic evidence to back up your claims.

If you still have the flat advert save it, if it has been taken down check google cached pages and save it.

The_Palmist

do you have a copy of the advert ? if its still online take a copy or ask the agent to give you the copy.

clutton_2

the police will have no interest whatsoever in this.. they will fob you off with "this is a civil matter" and they are right

Have you signed an inventory and given a deposit ?

tbs624

clutton wrote: »

Have you signed an inventory and given a deposit ?

Look back at what the OP has already said on the subject of an inventory:

hyperfunk_d wrote: »

the agency/landlord .... 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!

OP - as G-M indicates, you need to have a clear idea of what it is you want the outcome of this to be. Do you want to stay put with some sort of financial recompense or are you hoping to negotiate a way out of the contract?

The LA acts for the LL but should ensure to the best of their "professional" ability that the representations that they make on the LL's behalf are true ( the term "professional" is used in its loosest term where the majority of LAs are concerned)

Check whether the LA is a member of NAEA, ARLA, NALs etc - they have to sign up to a code of practice. Make a formal complaint if they are members. .

Check whether the LL is registered with the local Council as an accredited LL. Make a formal complaint there if relevant.

Talk to the local Council's Trading Standards Officer about the LA's/LL's business practices..

The question of what constitutes "furnished" may however be open to interpretation, regardless of what is shown in the pictures. The LA's verbal assertions as recalled by you cannot obviously be proven either way.

Hindsight is a wonderful thing, as we all know, but Ts should always get written clarification of *exactly* what will be included by way of furnishings prior to signing up/paying any tenancy deposit.

Clearly, the parking issue is easier to pursue as you say that the ad specifically says that this was part of the deal and no doubt the lack of a secure parking space will be reflected in your car insurance premiums, so you have a quantifiable "loss" on which to base a negotiation.

jamie11

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.

You would probably have got the flat a bit cheaper as well if you knew it was to be unfurnished, so that's another cost to factor into your complaint, plus the fact that once you've bought some you will need a van to move next time.

theartfullodger

theartfullodger wrote: »

Report fraud to police, get crime reference number.

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

Report what they then say.

Cheers!!

Fraud is not a civil matter.

G_M

No, but breach of contract is.

The burden of proof in criminal matters is 'beyond all reasonable doubt', whereas in civil disputes it is 'on the balance of probobility'.

To prove fraud you'd need to show the LL/agency deliberately misinformed the tenant beyond all reasonable doubt with the intention of extracting money. Obviously the defence would be that it was an administrative error, and/or mis-communication between LL and agent etc.

The police would know there was no hope of a conviction and would not be interested. £5 says the police would say: "It's a civil matter".