Does my Friend have a case against her Landlord or Letting Agent

Londonsu

I dont think she has but would be curious to find out what others think.

My friend has been living with her parents and saving up to get a deposit to rent a flat in London.

There were plenty she could go for but really wanted to live in the
same block as friends, but nothing came up for rent.

A couple of months ago the top flat was being refurbished and she found out that the previous Tenant had died and the flat may be coming up for rent, the other flats are being managed by the same Letting Agents so she contacted them to ask if she could rent it.

In the meantime she and her friends sneaked a quick peek and she fell in love with it especially as it overlooked a roof garden with french windows opening out into it.

To cut a long story short she was told that the flat had been rented already by the LL.

She got a call a few weeks ago from the agent to say the flat was again available for rent but the LL wanted a quick decision.

As she had already seen the flat she jumped at the chance and did all the paperwork without seeing that flat again .

When she moved in over the weekend she found to her horror that the french windows had been taken out and a window put in and she had no access to the garden apart from one side behind a fence that she can access through a fire exit leading to the fire escape - so she can look at the RG but not use it.

She spoke to the agent who informed her that the flat next door was occupied by the LLs daughter (LL is also freeholder) and that it had been decided that the garden was for her sole use.

He pointed out that the rent was the same as others in the block and that she should have been aware that rent on a flat with a garden would have been higher and that there was only a clause which said access to Roof area on the paperwork which he says meant the fire escape not the actual garden.

I think she should have had another look at the flat before signing anything, she thinks she has been duped into renting the flat without the garden.

Opinions please

jaybeetoo

How can she have been duped if she didn't view the flat before signing? Unless the EA misrepresented the property (from your post it doesn't sound like they did) I don't think she has cause for complaint.

sooz

I'd be more concerned that the previous tenant had died. Were the missing patio doors involved?

She signed for the flat without seeing it. Anything could have changed in the intervening months, since she 'took a peek'. Was it even a formal visit with the Letting agent the first & only time she saw it?

[Deleted User]

Londonsu wrote: »

there was only a clause which said access to Roof area on the paperwork which he says meant the fire escape not the actual garden.

What is the exact wording of this "clause"?

G_M

If the tenancy agreement states the tenant has access to the whole roof garden, via French windows, then she has a good case.

If not, she would have to rely on what she was shown on her viewing (ie: agent: "Look, you can open these beautiful French windows and step out onto this roof garden")

If she did not view, however........

Guest101

Actually i'm interested in what the tenancy agreement says. if it say torent the property known as: xx abc street, then she should Land registry check. Unless the tenancy agreement says no use of x/y/z, then i think she may have a case

Thrugelmir

Londonsu wrote: »

she thinks she has been duped into renting the flat without the garden.

If she failed to view the property in its fully refurbished state. Then no else is to blame.

Londonsu

sooz wrote: »

I'd be more concerned that the previous tenant had died. Were the missing patio doors involved?

She signed for the flat without seeing it. Anything could have changed in the intervening months, since she 'took a peek'. Was it even a formal visit with the Letting agent the first & only time she saw it?

No she didnt view it with a Letting agent, the door was open and she sneaked a peek when she was visiting her friends

Londonsu

citricsquid wrote: »

What is the exact wording of this "clause"?

It just said in the description of the accommodation 'access to roof garden' the LL through the letting agency has said she does have access but only to the side where the fire escape is not the whole garden IE the portion in front of her window,

Londonsu

Guest101 wrote: »

Actually i'm interested in what the tenancy agreement says. if it say torent the property known as: xx abc street, then she should Land registry check. Unless the tenancy agreement says no use of x/y/z, then i think she may have a case

I would imagine the land registry would show the garden, but as the LL is also the freeholder and owns the roof garden outright as apposed to leasing it from another freeholder he is saying that there was no agreement for the use of all the garden for that flat and that the rent reflects this

Guest101

Londonsu wrote: »

I would imagine the land registry would show the garden, but as the LL is also the freeholder and owns the roof garden outright as apposed to leasing it from another freeholder he is saying that there was no agreement for the use of all the garden for that flat and that the rent reflects this

I get what your saying, but its no different to a house with a garage or a loft. Unless specfically stated, i would say they came with the rental