Renting - Misrepresentation?

DtSje

Myself and my flatmate have just moved into a new place in London.

One of the reasons we loved the place so much, besides it being spacious and in a nice area, was that it had an amazing bathroom with fitted sauna.

The estate agents advertised the sauna as one of the properties' features online and we even mentioned to the estate agent that it was something that made the place stand out when we viewed it. We both do a lot of sport and like to keep in shape, so it was something we would definitely get a lot of use out of.

However, having moved in this weekend, we have now found out from the landlord that it was decommissioned by the council in December. This was never mentioned to us at any point from initial contact to signing the contracts and we only found out because I emailed the landlord to ask how to use it properly.

The landlord is looking into getting it up and running, as I've already politely voiced my dissatisfaction.

I was basically wondering what action we could take if the problem can't be resolved? It may not seem like a big deal but we have spent a lot of money on rent/deposits/fees, so are rather frustrated at having the wool pulled over our eyes!

bebewoo

Why would the council decommission it, is it a council flat?

phill99

How can the agent misrepresent? It has a sauna. The agents make certain assumptions and one of them was that the sauna (and all other appliances) are working. However, there will be a caveat on the website or particulars that the agent gives no guarantee that all or any appliances are working.

The question you have to ask is 'Would I have rented the flat without a sauna?' Something tells me that the answer would be 'yes' unless you made that a specific requirement for a flat rental.

Your only hope is that the landlord sorts it out.

phill99

bebewoo wrote: »

Why would the council decommission it, is it a council flat?

A high number of private rentals in London are let to councils who use them for council tenants. They may have decommisssioned it.

DtSje

We were confused about that too!

It's actually a large house that's been split into three big flats, each owned privately. The landlord says he purchased the flat December just gone, so perhaps something to do with the sale?

As for the issue, apparently it's to do with heat extraction.

Also, if they advertised the flat as having a sauna, then surely the sauna has to actually function? Otherwise it would be like saying the flat has a separate toilet but then the toilet not working.

The sauna actually was one of the reasons we liked the flat too, plenty of similar flats in our price range but the amazing bathroom was one of the things we liked.

SerialRenter

Something i learnt a long time ago when viewing properties was to test the utilities, even if it gets you some odd looks from the letting agent.

e.g. turn on shower to see water pressure.
test taps.
push down on bed mattress (if furnished) to see if its broken.
Test the hob igniters if its a gas hob.
etc

Lesson learnt for next time.

DtSje

That's good advice but I'm certainly not going to sit down as take it as a lesson I should have learnt.

If the property is advertised as having a sauna and is brought up as a feature of the flat during the viewing, then surely it has to actually work? As per my previous example, if a flat was advertised to rent with a bathroom and second separate toilet, would the toilet not have to function as a toilet?

I know it may not seem like a big deal, but renting somewhere in London, especially somewhere nice, is not cheap. As you can imagine we are quite cheesed off at having an issue like this within a day of moving in as I can't see this as anything other than complete dishonesty.

stator

I agree that you have a right to the working sauna. Unfortunately there is not really anything you can do to force them to fix it.

Rambosmum

It happens, yes if things are advertised they should function however as stated above it is likely that the agent has a disclaimer on their website stating that it is not their responsibility to ensure all features are working. As you say, if the flat had a second bathroom advertised you would expect it to function as such however if the landlord had never got it plumbed in and never intended to he could rightfully say that he never advertised it as having a second bathroom, it was the agent who did, and the agent has said that he has no responsibility as to weather fixtures are working- see the issue?

I suspect that there were fire safety concerns over the sauna and that the landlord had an inspection and was advised that it shouldn't be used.

DtSje

Thanks Jenni, I see where you are coming from.

However, if the estate agent is not to blame then wouldn't responsibility then lie with the landlord as they have chosen the estate agent to represent them?

I can't see how the blame could just dissipate like that as otherwise all manner of untruths could be used in order to get someone to rent a place?

jonathanrolande

I think you are within your rights to expect it to work.

Just because it is a ‘luxury item’ doesn’t mean it’s any different to say a cooker. Explain this to the owner/agent and see what they come back with.

If dissatisfied, contact the Ombudsman.