Renting, Am I covered under the consumer rights act??

[Deleted User]

Good evening, 
Last Tuesday (18th) I received the keys to my property for rent at 10.30. I did not receive an inventory when the keys were given to me. I did receive the inventory at 5 o’clock that evening, the inventory was provided by an independent  company, throughout the inventory is stated about a lot of mould spotting and cracks to the walls in the property. I went back the next day on the 19th and inspected the property, there was mould spotting throughout and cracks to the walls in every room and around all windows and doors. The house is in a terrible condition. I contacted the letting agent regards my concerns and was told that I had signed a contract for 12 months and that was that. I then composed an e-mail stating that the home was uninhabitable due to the issues above, I also listed the homes fitness for human habitation act. I informed the agent that I had no intention in staying in the property as it was uninhabitable and was not how I visited the property a month before hand on 14/07/20.

I have since taken a video of the property for my own records detailing all of the mould and cracks throughout along with mould in washing machine, and paint peeling throughout along with a pungent smell when you enter the property. The agent has since told me on Friday 20/08/20 that the landlord had my emails and inventory report and would speak to the letting agent manager on Monday. Not once has there been any concern for my health or safety, no offer to look at the damage, no offer to fix it, nothing, I have lost all confidence in the agent and the landlord. Luckily I am able to stay elsewhere for the time being. 

If on Monday I am told that I have signed for a year and I have to honour that where would I stand? I know I can contact my local council to carry out a viewing of the house to make a report. But after reading the consumer rights act, would I be able to return the property and get a refund on my deposit and months rent due to the property not being satisfactory, not being fit for purpose and not being as described? 

Any information would be greatly appreciated. 

Thanks

Caz3121

previous thread (different reason?)
https://forums.moneysavingexpert.com/discussion/6181259/cancelling-short-hold-agreement-before-time#latest

davidmcn

Thegreatdom11 said:

after reading the consumer rights act, would I be able to return the property and get a refund on my deposit and months rent due to the property not being satisfactory, not being fit for purpose and not being as described?

No. Read section 2(8):

"(8)“Goods” means any tangible moveable items..."

so it doesn't include real property i.e. houses/flats/land.

greatcrested

* amend the inventory to accurately reflect the condition of the property. Take photos. Sign and return the inventory, keeping a copy.

* write to the landlord, at the address provided "for serving notices", with a copy to the agent, listing any/all defects and requesting a timescale for them to be remedied.

* read:

Post 2: Repairing Obligations: the law, common misconceptions, reporting/enforcing, retaliatory eviction & the new tenant protection (2015) plus the Homes (Fitness for Human Habitation) Act 2018

Post 3: Deposits: Payment, Protection and Return.

moneysavinghero

If you feel that you have been misled about the condition of the property than you have the right to 'Unwind' the contract.
https://england.shelter.org.uk/legal/housing_options/private_rented_accommodation/unfair_terms_and_consumer_law/unfair_trading_practices

grumiofoundation

moneysavinghero said:

If you feel that you have been misled about the condition of the property than you have the right to 'Unwind' the contract.
https://england.shelter.org.uk/legal/housing_options/private_rented_accommodation/unfair_terms_and_consumer_law/unfair_trading_practices

That link does not say that.

HampshireH

grumiofoundation said:

moneysavinghero said:

If you feel that you have been misled about the condition of the property than you have the right to 'Unwind' the contract.
https://england.shelter.org.uk/legal/housing_options/private_rented_accommodation/unfair_terms_and_consumer_law/unfair_trading_practices

That link does not say that.

& even if it did..... where does OP say they were mislead?

Surely OP viewed the property and would have seen these issues before they got their keys.

From the linked post it sounds like OP has changed their mind on the rental and is trying to get someone else to take responsibility for their decision to rent this place

[Deleted User]

moneysavinghero said:

If you feel that you have been misled about the condition of the property than you have the right to 'Unwind' the contract.
https://england.shelter.org.uk/legal/housing_options/private_rented_accommodation/unfair_terms_and_consumer_law/unfair_trading_practices

Because legal rights are always based on how one party feels...

moneysavinghero

HampshireH said:

grumiofoundation said:

moneysavinghero said:

If you feel that you have been misled about the condition of the property than you have the right to 'Unwind' the contract.
https://england.shelter.org.uk/legal/housing_options/private_rented_accommodation/unfair_terms_and_consumer_law/unfair_trading_practices

That link does not say that.

& even if it did..... where does OP say they were mislead?

Surely OP viewed the property and would have seen these issues before they got their keys.

From the linked post it sounds like OP has changed their mind on the rental and is trying to get someone else to take responsibility for their decision to rent this place

I said IF the OP feels they were misled. Only they will know if they felt this way. However, they did state that the condition of the property was materially different to that of the property they had viewed - if this was because the landlord has attempted to conceal the mould, then this could be considered a misleading practice. Also the OP did state that the property was 'not being as described' - again this indicates the possibility that they may feel as though they have been misled.

As for the link 'not saying that'. If you read it you will find:

Right to unwind
The right to 'unwind' the contract effectively means that a tenant (where the tenancy began on or after 1 October 2014) can terminate the contract and be released from any obligations under it where the tenancy was signed up to because of a misleading action or aggressive practice.[15] In order to claim this right, the tenant must inform the landlord (or landlord's agent) that s/he wants to reject the contract within 90 days of the tenancy start date. There is no obligation for this to be put in writing, but it is strongly advisable to do so. There is also no requirement for the tenant to show that s/he has suffered any loss, nor that the landlord (or agent) acted dishonestly or negligently.
If the tenant informs the landlord (or landlord's agent) that s/he wants to unwind the tenancy within one month of the tenancy starting, the tenant is entitled to a full refund of the money s/he has paid out.
If the tenant informs the landlord (or landlord's agent) in less than 90 days but more than one month after the tenancy start date, then a refund may still be given, but will be calculated by the court.
If 90-day time limit has expired, the tenant may still be able to claim a discount or damages.

I believe that this does say (more verbosely admittedly) what i said.