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Letting agent lied about garden

Hi, I'm just after a bit of advice really.
We went to view a first floor flat back in early march, and were told that the flat had a communal garden outside under our living room window. He even showed us around it, the shed and flower beds, how to get access to it, everything.
Even on the day we signed the agreement, we were talking about how often we have to chip in with the gardening, as it was in our contract about keeping garden tidy. He sounded so confident, saying oh yeah everyone in the block gets together every other weekend usually.
Now we've moved in, and found out from our neighbour that it belongs to downstairs which is not part of our block, they have their own main entrance and everything, whereas all of us in the block share the front door.
I am furious, but don't know if I have a leg to stand on really. We have a small child and were really looking foward to doing a bit of gardening. We viewed a few properties very near, but this was the only one with a garden, so obviously persuaded us.
Can anyone give any advice? I just feel really let down, and led on. We are supposed to go though the letting agents with any problems, not the landlords.

Comments

  • I would check that it does 'belong' to the downstairs property rather than just being the case that the downstairs property has always used it and given the impression it was theres.

    If that is the case though - you might fall out with your downstairs neighbour.
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  • System
    System Posts: 178,375 Community Admin
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    Maybe the LL lied to the agent? Rather than the agent lying to you maybe they were passing on the info to you in good faith. Letting agents do not insist on seeing the deeds to ascertain the correctness of the information that the LL supplies
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • Mmm, yeah thats the weird thing, our neighbour told us that they only live there a few weeks of the year.
  • !!!!!! wrote: »
    Maybe the LL lied to the agent? Rather than the agent lying to you maybe they were passing on the info to you in good faith. Letting agents do not insist on seeing the deeds to ascertain the correctness of the information that the LL supplies

    Yeah I might see if I can find out.
  • I would definitely investigate further. Our previous flat had a communal strip of garden at the back, BUT one of the ground-floor owners fenced it off and got a dog (which was also against the lease terms!). Prior to that, both ground-floor owners also put their own garden furniture out there, which made you feel like you were walking into someone's private garden when actually you weren't! We all complained about the fencing-off for the dog, but nothing was ever done about and we've since moved house anyway.
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  • Eton_Rifle wrote: »
    Maybe the neighbour is wrong. What does the letting agent say? Has he followed this up with the landlord?

    Thats what I initially thought, then we realised that to get to the garden means going though their drive way, which seems a bit strange. The letting agent? Well we've not had a peep outta him since we over the money and signed the forms, no-ones even come to sort our door out yet, which doesn't lock! This is our first experience of dealing with agencies, we'd always had the luxury of going private before.
  • I would definitely investigate further. Our previous flat had a communal strip of garden at the back, BUT one of the ground-floor owners fenced it off and got a dog (which was also against the lease terms!). Prior to that, both ground-floor owners also put their own garden furniture out there, which made you feel like you were walking into someone's private garden when actually you weren't! We all complained about the fencing-off for the dog, but nothing was ever done about and we've since moved house anyway.

    I'm starting to wonder what I've let myself in for, the agents seem to have just dumped us in it, I'm going to get on the phone to them this afternoon.
  • Turnbull2000
    Turnbull2000 Posts: 1,807 Forumite
    Do you have it in writing or documented that a garden was part of the flat? If not, there's little you can do I'm afraid.
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
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