Can I 'unwind' my tenancy agreement due to false information provided by the lettings agent?

lewis_777

Hi there.

I viewed a one-bedroom flat just over a month ago, and when I attended the viewing I asked if there was space to install a washing machine (as there didn't seem to be space under the kitchen sideboards). The lady from the estate agents told me that there were a washing machine and dryer in the basement of the property and took me down to see them. I asked if they were free for all the tenants to use, and she assured me they were. I was satisfied enough to cancel another viewing I had a couple of days later and proceeded with the application process.

Fast forward a month later, I signed the AST (along with a guarantor) and paid the deposit and first month's rent. Last Wednesday, I then went into the estate agents to look over pictures and sign the inventory and pick up the keys. I was told the inventory was being done this way due to COVID, so I didn't really mind. Upon reading the inventory, I noticed the electric was a pre-payment meter and asked the lady about this, and she told me I ring up and I will get a key I can use to top-up – not the end of the world. I was then given the keys and told I had 48 hours to add any more information to the inventory regarding the flat.

I moved into the flat at 4pm last Wednesday and noticed there was around £3 on the electric meter – I couldn't find any information about the supplier and wanted to make sure I could top it up in case it ran out. I noticed a huge pile of paper cards next to the meter. I then realised that the top-up mechanism was some sort of archaic paper-based system. I emailed the letting agents for more information, and the lettings manager told me I have to source the electric cards from the landlord directly, and he gave me the landlord's mobile number.

I contacted the landlord, and on Thursday morning he came round so that I could buy electric cards and so that he could walk me through some of the things in the property. I bought £50 worth of paper electric cards from him and then he proceeded to tell me more information about the flat. He told me that the gas was all-inclusive, and would be turned on when the months get colder (when the clocks go back, and turned off when the clocks go forward). The oven is electric, so the radiators are the only gas-powered appliance. He also broke the news to me that the washing/drying machines in the basement are coin-operated. I almost never carry change at the best of times, but even more so due to COVID. I also don't like the idea of having to source change for whenever I need to do a bit of washing.

I feel like not only have I been lied to, but that the estate agents have not been forthcoming about information which would have resulted in me not wishing to apply for the property in the first place.

I did a bit of research online and found that although there is no 'cooling-off' period for tenancy agreements, 'unwinding' an agreement is possible if the estate agent/landlord makes false claims about the property.

My questions are:

1.       Is the misinformation provided by the letting agent who showed me the property enough to 'unwind' the tenancy?

2.       Is a landlord able to dictate when gas is allowed to be supplied to a property? (He is not a live-in landlord)

3.       Should I have been given a copy of the AST? Since I have not received a copy

dimbo61

So the Lettings Agents talked !!!!!! as normal.
Case of making it up as she went along but nothing in writing ?
Can you contact the electric supplier and ask to have a normal smart meter installed which is not pre payment ?
Yes you should have been given a copy and so should the guarantor before you signed.

dimbo61

Did you not notice when down in basement that the washing machine and tumble dryer had slots for money beside them ? 

lewis_777

dimbo61 said:

So the Lettings Agents talked !!!!!! as normal.
Case of making it up as she went along but nothing in writing ?
Can you contact the electric supplier and ask to have a normal smart meter installed which is not pre payment ?
Yes you should have been given a copy and so should the guarantor before you signed.

The lettings agent made it clear when I signed the inventory in the office that the landlord would not be willing to switch from a pre-payment meter. I assumed it would be one where I would have a plastic key and top-up at a nearby shop, but when moving in it became apparent the pre-payment meter was very old.
Thanks for your comment, I will go there first thing on Monday and ask for a copy of my AST.

dimbo61 said:

Did you not notice when down in basement that the washing machine and tumble dryer had slots for money beside them ? 

I did not think to look for slots, since I took her at her word and just assumed they were in perfect working order. 

anselld

Free for all tenants to use is somewhat ambiguous.  It can be interpreted simply as "available to use" etc.  If there was one in your flat you would still be paying for electricity so it would not normally be expected that washing can be done completely for free.

So in the light of the inconvenience of needing meter cards and some change you want to unwind the tenancy.  It does seem a bit extreme. 

[Deleted User]

In brief summary you discuss the arrangements for the electrics but I'm left unclear as to what the particular issue is with those. You object to the fact that the washer dryers outside your flat in a communal area are not free and coin operated having been told the opposite. You are yet to be provided with the AST. The heating is under the control of the landlord.
The misrepresentation issue appears to boil down to the coin operation of the washer/dryers and the essential question as to whether a Court would view this as consequential to unwind the whole tenancy agreement...I'm speechless (almost). This is the equivalent of asking to return a new car because a tyre is slightly deflated.
The other queries unrelated to the notion of bailing out...
Ask for a copy of the AST.
Consult Shelter and take further steps if you are minded to do so regarding the arrangements for the heating of the property - an absolutely valid concern.

macman

I'm unclear. If the LL is selling 'paper electric cards', then this would appear to be not a PPM but some kind of private metering system?
If so, the LL is not allowed to resell at a profit. What is the kWh rate?

lewis_777

macman said:

I'm unclear. If the LL is selling 'paper electric cards', then this would appear to be not a PPM but some kind of private metering system?
If so, the LL is not allowed to resell at a profit. What is the kWh rate?

I'm not exactly sure what the rate is - I've just gone through the settings on the Electrocard meter and it displays:
R2 Cred £49.38
KWH 54872.09 TOT
KWH 11460.36 R1
KWH 43411.73 R2
Rate 1 022.00 PPU
Rate 2 022.00 PPU
FXDCH/WK £0.00

Grumpy_chap

Where exactly is the false information?
You say you went down to see the washing machine and the dryer.  Surely, you noticed that they were industrial launderette style machines and not regular domestic?  In terms of "free to use" if they were visibly coin-op, then it is reasonable that the agent answered the question "free to use" in the context of "available to use".
Have you ever been anywhere that a shared washing machine and drier is provided "free to use" with no contribution to cover energy costs and / or wear-and-tear?

moneysavinghero

Landlords have an obligation to provide heating facilities for all occupied rooms at all times. Is the gas central heating the only means of heating the rooms?

Slithery

moneysavinghero said:

Landlords have an obligation to provide heating facilities for all occupied rooms at all times. Is the gas central heating the only means of heating the rooms?

Really? In my HMO the central heating is on a timer and only on for fixed hours in the winter.