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Stop paying rent and moving out query

Hello, I was wondering if anyone can advise on this or has had any experience with the following 'worst case scenario' situation.

A few weeks ago I moved into a new flat and found some problems that following week.
After complaining about it to the real estate agent I found out that he has given me incorrect and incomplete information before I signed the contract (Assured Shorthold Tenancy).
Right now I have been going back and forth to terminate the contract asap based on false representation of the property and this is still going on.

So my question is, if I stop paying rent and leave the property and return the key, I will most likely loose my deposit.
But will it also give me a bad credit score?

I have email correspondence between myself and the real estate agent to proof that he has provided me with incorrect information of which he should have told me before I signed the contract. But alas, this has only been discovered after I signed it.
But until this moment he has still refused to admit his mistake.

They said I can break the contract if I pay a Change of Tenant fee and stay there till they find someone new. But since the agent is the one who gave me false information I want them to cover these costs.
Furthermore, they have repeatedly put adverts for other flats with incorrect information on the internet which means that if they keep doing this it could take forever until they find a new tenant.
Even the advert I initially responded to included incorrect information.

Any advise is welcome!
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Comments

  • princeofpounds
    princeofpounds Posts: 10,396 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    If you break the contract, you can be sued by the landlord for all the rent for the remainder of your term, plus any costs incurred in re-letting. This can be mitigated if they get someone else in, but you can't assume you can escape any of the liability. Normally, behaving like this is a pretty stupid move.

    The only way it can affect your credit score is if you get sued and then fail to pay the CCJ in time.

    What was the false information?

    Did you pay a deposit? Is it protected in a scheme?
  • RAS
    RAS Posts: 35,753 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    What is the incorrect information?
    If you've have not made a mistake, you've made nothing
  • TrueBlue12
    TrueBlue12 Posts: 10 Forumite
    edited 20 May 2013 at 3:12PM
    Thanks for the reply!
    I thought missed payment of rent would always go on your credit score as of Spring 2013.

    I know that the above is not a wise thing to do but just need some advise on it.

    When I complained about some things the real estate agent replied back via email saying he didn't force me to view nor take this particular flat as he says that he informed me on the telephone that there were two flats available but that the one he was going to show me was the best option.
    However, that conversation never took place. He never informed me of the other flat (the one from the actual advert) and only ever addressed the one he showed me. And while I took the flat I saw he now states in his email that there was another flat and swears by it that he told me this on the telephone.
    Him stating this is a 100% lie and false representation.

    After I viewed the property I am in now and before I signed the contract I asked him twice whether he has spoken to the other tenants from the other flats about sharing the internet as I told him beforehand I can't afford paying for the internet and land line on my own. He said he would contact them and ask.
    When I came in to sign I asked him again and he confirmed that it was definitely not a problem to share and it would only cost me a few pounds. So I signed the contract.
    Now he has admitted, after I contacted him that the internet wasn't sorted at all, that he never actually had the chance to speak to any of the tenants so again he acted on false representation of the property.

    While it may seem like small problems to others, for me the above problems are deal breakers.
    I would most likely have gone for the other flat (which is higher up in the building) if he had truthfully informed me of this flat on the telephone (and the advert also referred to this flat) and also would not have signed the contract if I knew he had not actually spoken to the other people even though he said he did.

    With both the earlier complaints and having found out that he told me two lies and therefore made me sign the contract under false representation I want to terminate the contract asap.

    Thanks again for any advise.
  • TrueBlue12
    TrueBlue12 Posts: 10 Forumite
    Forgot to answer: I paid a deposit held by a Tenancy Deposit Protection scheme but it seems that the contract reads that if I fail to pay rent, they can take my deposit.
  • R_P_W
    R_P_W Posts: 1,524 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    What does it say in contract you signed about Internet? Doesn't sound like you have a leg to stand on to me.
  • I don't think I'd risk ending up in hot water & lose my deposit for the sake of internet, sorry :o Have you looked into other cheap ways to get the internet in your area? Depending on where you are, you can sometimes get really cheap internet.

    Unfortunately, although the agent lied to you in order to get you to take the property (and that is definitely not on) it is up to you as the person signing the contract to make sure that everything you have stipulated is presented in writing before you sign anything. Unfortunately this might have to be one of those situations where you chalk it up to experience :(

    What are the other problems you complained about and did you know they existed when you signed the contract for the property?
  • TrueBlue12
    TrueBlue12 Posts: 10 Forumite
    The contract doesn't refer to it.
    So all I have to stand on is the estate agent admitting he hasn't actually spoken to the other people before I signed the contract even though on the day of signing I asked him if he definitely checked.
    And he said yes. Someone else said this is something that can definitely fall under 'false representation and information.'

    Tough case. But I don't trust that company and agent any more.
    I am still trying to terminate contract now and get them to pay at least part of the Change of Tenant fee. Waiting for reply.
    But I really don't want to stay there any more and pay rent if this continues :(
  • TrueBlue12
    TrueBlue12 Posts: 10 Forumite
    NervousHomeowner, thanks for the advise.
    It is not just the internet :)
    There have been other problems which are a bit long to get into.

    However, none of the other problems and finding out he gave incorrect information could have been detected until after I moved in.

    I would risk loosing my deposit, to be honest. But my only concern is, will I get a bad credit score?

    Thanks again everyone! It really helps to get some advise on this forum.
  • dancingfairy
    dancingfairy Posts: 9,069 Forumite
    Sometimes agents lie and misrepresent. Even if you had it in writing then they may still be able to claim that that's what they'd been told etc etc.
    My take on it is that you are bound by the terms of the contract you have signed. Yes they may have lied/misled you but a) these don't appear to be covered in the tenancy agreement and b) they are not what I consider to be serious breaches :(.
    You have several options:
    1) stay and make the most of a bad situation
    2) leave and pay rent/advertise for new tenants and appeal to the landlords and their agents to release you from the contract.
    3) disappear and wait and hold your breath and see whether you are taken to court or not.

    Obviously if it goes to court you will get your chance to put your side of the argument but not being shown a different flat (which may admiteddly have been more suitable for you) and not having a shared internet bill do not seem to me to be significant. Obviously it will be up to the judge though.

    I think you need to make the most of a bad situation or try and work with the landlord to be released from the tenancy if at all possible.
    Best of Luck
    df
    Making my money go further with MSE :j
    How much can I save in 2012 challenge
    75/1200 :eek:
  • TrueBlue12
    TrueBlue12 Posts: 10 Forumite
    Thanks dancingfairy (love the name!)

    It is a shame that they haven't responded yet to me asking them to pay at least 50% of the Change of Tenant fee (as I have emails with him stating incorrect info) and not having to stay/pay till they find someone else (as they keep uploading incorrect adverts). If they can simply admit they handled incorrectly and are willing to compensate by paying part of the fee and then let me go, then this will solve everything for everyone.

    Another worry I have it that if I do postpone paying rent or not at all, that they will try get it via my work if they don't know where I will move to next.
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