One day before move Chancellors sends us a fully furnished inventory after selling us an unfurnished

980233

Keeper98 said:

It was set up for a ugly case of having to prove someone was committing elderly abuse. They were convicted, and I just never turned it off. As far as I am aware, if its for personal use, you don't need consent. Anyway, given that I can prove they sold me it as unfurnished, can I do anything?

Of course who doesn't record conversations with strangers for personal use........not the most riveting playbacks though.

Keeper98

I mean, it's resulted in me taking a 'my word against his' situation and being able to prove I'm not lying. And it stopped a 85 year old getting tortured by a carer. Mi Max phones, btw, if you are wondering which version of android has a single button recording toggle. I feel we're getting a bit off topic on the recording though. If I can prove I was misrepresented things by the letting agent, can I quit the contract or force them to pay for storage?

andy444

Keeper98 said:

I record all my calls for personal use, its just a button you press once on the mobile. I've got a recording where they clearly say it was unfurnished. We didn't view it in person, and the video was clearly a video of the house being lived in by the previous tenant. 

Why didn't you ever view the place yourself?

Wanderingpomm

The 0 deposit is a con. The agents are making up lost fees through this. If you’ve signed for a deposit option insist on a deposit option. Landlords would much prefer there be a deposit 

diggingdude

If it said furnished on what you signed that is what matters. A conversation recorded (which is pretty low btw I hope you stop doing that) could represent a mistake but if you signed a contract saying furnished then that is what you asked for 

doodling

Hi,

It sounds to me like the written contract is silent on whether the flat is furnished.  A reference to "any furnishings" doesn't imply anything about whether there will or won't be any. It would be worth checking to see if there is any written reference implying it is furnished in anything you have received.

If the written contract is silent then it is likely that you can rely on the verbal assurances of the agent. (There is a discussion to be had about what happens if the written contract asserts that it is the whole contract and nothing can be added, but I suspect the enforceability of such a clause may be debatable).

The question is what do you want? Your choices are:
1. Agree that the landlord cannot meet the contract, get back any costs incurred (you may need to sue) and go elsewhere.
2. Live with the furnishings.
3. Convince the landlord to empty the place.

Personally I doubt that 3 will happen.

PS: It is perfectly legal to record phone conversations providing you are a party to the call. No need to notify the other party. Obviously there are legal restrictions on what you can do with the recordings however.

980233

doodling said:

Hi,

It sounds to me like the written contract is silent on whether the flat is furnished.  A reference to "any furnishings" doesn't imply anything about whether there will or won't be any. It would be worth checking to see if there is any written reference implying it is furnished in anything you have received.

If the written contract is silent then it is likely that you can rely on the verbal assurances of the agent. (There is a discussion to be had about what happens if the written contract asserts that it is the whole contract and nothing can be added, but I suspect the enforceability of such a clause may be debatable).

The question is what do you want? Your choices are:
1. Agree that the landlord cannot meet the contract, get back any costs incurred (you may need to sue) and go elsewhere.
2. Live with the furnishings.
3. Convince the landlord to empty the place.

Personally I doubt that 3 will happen.

PS: It is perfectly legal to record phone conversations providing you are a party to the call. No need to notify the other party. Obviously there are legal restrictions on what you can do with the recordings however.

To sum up: it’s not illegal to record a call or even collect data. It is illegal, however, to publicise or share such data with third parties without consent. Tut tut .OP.

doodling

Hi,

980233 said:

doodling said:

Hi,

It sounds to me like the written contract is silent on whether the flat is furnished.  A reference to "any furnishings" doesn't imply anything about whether there will or won't be any. It would be worth checking to see if there is any written reference implying it is furnished in anything you have received.

If the written contract is silent then it is likely that you can rely on the verbal assurances of the agent. (There is a discussion to be had about what happens if the written contract asserts that it is the whole contract and nothing can be added, but I suspect the enforceability of such a clause may be debatable).

The question is what do you want? Your choices are:
1. Agree that the landlord cannot meet the contract, get back any costs incurred (you may need to sue) and go elsewhere.
2. Live with the furnishings.
3. Convince the landlord to empty the place.

Personally I doubt that 3 will happen.

PS: It is perfectly legal to record phone conversations providing you are a party to the call. No need to notify the other party. Obviously there are legal restrictions on what you can do with the recordings however.

To sum up: it’s not illegal to record a call or even collect data. It is illegal, however, to publicise or share such data with third parties without consent. Tut tut .OP.

No, that wasn't what I was saying. I'm saying that data protection or copyright law may make publishing of the recording itself unlawful (just as publishing a letter would be, albeit that recordings potentially contain a lot more personal data than business letters in the form of accents and mannerisms and such like).

The sharing of the information relating to the tenancy conveyed in that conversation (whether recorded or not) is not protected in the same way.

If you are correct then a large proportion of the contents of these forums would be unlawful as a lot of it consists of "I was told X, is that right?".

This particular thread is made more complex by the agency being named and therefore the risk of defamation in some form arises. Providing the OP is honest and not malicious then they are unlikely to have anything to worry about although my advice to the OP would be to remove reference to the agency from their posts.

Mimi_Arc_en_ciel

Keeper98 said:

Hi there,

I'm sorry if this is the wrong place to write this up, but I really don't know where to turn. My partner is lying on the bed sobbing in stress. We were sold a let by Chancellors Banbury that clearly stated it was unfurnished on the AD. We spoke to an agent who confirmed this. We signed one of those application documents with no indication it was furnished. We signed a tenancy agreement that just included a line about being responsible for any furnishings, but I assumed that it was referring to the fridge-freezer. Today, at a little before 5.30, chancellors sent us the inventory and it is beyond fully furnished. It's almost like someone left their trash there. 

We could have taken possession on Monday but as our move is tomorrow we just arranged to pick up the keys then, so we have not set foot inside the property yet. We stressed to the agent that we needed unfurnished because we have a lot of things, including a big double bed. The move is tomorrow. This is the latest in a incredible line of incompetency from chancellors Banbury, the worst I've seen in nearly 15 years of renting, and I honestly think it might even be intentional deception, as many of the details of the pre-let agreement changed with no conversation (we signed up for a deposit and it was on the agreement, only to be told later (when I spotted it and inquired) that it was a 0 deposit tenancy and there was nothing I could do about it.

Can they leave us stuck with this stuff? Can I sue them, either for the deception or the fact that my partner has been so distressed by them that I was on the verge of calling an out of hours doctor for a sedative (she has a NHS diagnosed mental health condition). What should I do?

Why would you even enter an agreement with a company who have already shown you to be incompetent? 

As you have said - it mentions on the let agreement it was furnished, I doubt there's much you can do as you didn't query this and was happy to sign 

Your phone recordings my be legal, however you will not be able to use them as evidence 

doodling

Hi,

Mimi_Arc_en_ciel said:

Keeper98 said:

Hi there,

I'm sorry if this is the wrong place to write this up, but I really don't know where to turn. My partner is lying on the bed sobbing in stress. We were sold a let by Chancellors Banbury that clearly stated it was unfurnished on the AD. We spoke to an agent who confirmed this. We signed one of those application documents with no indication it was furnished. We signed a tenancy agreement that just included a line about being responsible for any furnishings, but I assumed that it was referring to the fridge-freezer. Today, at a little before 5.30, chancellors sent us the inventory and it is beyond fully furnished. It's almost like someone left their trash there. 

We could have taken possession on Monday but as our move is tomorrow we just arranged to pick up the keys then, so we have not set foot inside the property yet. We stressed to the agent that we needed unfurnished because we have a lot of things, including a big double bed. The move is tomorrow. This is the latest in a incredible line of incompetency from chancellors Banbury, the worst I've seen in nearly 15 years of renting, and I honestly think it might even be intentional deception, as many of the details of the pre-let agreement changed with no conversation (we signed up for a deposit and it was on the agreement, only to be told later (when I spotted it and inquired) that it was a 0 deposit tenancy and there was nothing I could do about it.

Can they leave us stuck with this stuff? Can I sue them, either for the deception or the fact that my partner has been so distressed by them that I was on the verge of calling an out of hours doctor for a sedative (she has a NHS diagnosed mental health condition). What should I do?

Why would you even enter an agreement with a company who have already shown you to be incompetent? 

As you have said - it mentions on the let agreement it was furnished, I doubt there's much you can do as you didn't query this and was happy to sign 

Your phone recordings my be legal, however you will not be able to use them as evidence 

From what the OP has said (and I agree they need to go through the written documentation very carefully to check) the let agreement doesn't state that it is furnished, it merely has requirements in respect of "any furnishings".

The recording itself would not be used in court as in low value civil cases the claimant is expected to make their case in writing. A transcript of the conversation would be admissible and transcripts are normally quite persuasive if a recording is available to settle any disputes as to their veracity.