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Landlord misleading student

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Hi all,
I'm starting uni soon so have been looking for a place to stay. I found a house share on facebook and thought it was perfect. The room was advertised as a student room and the landlord told me it was fully furnished. 

I wasnt able to visit the property as it's too far from home and saw one photo of the room, the photo wasnt a great one and the room looked a little small but otherwise ok.

I signed the contract and paid a deposit and the first months rent. 

Then the inventory was taken by a contractor. The room is not fully furnished and only contains a bed frame and mattress. The room is also tiny, probably only 1.5mx2m. There is a large box in the corner of the room which eats even more into the floor space.

As a student I need a desk to study and somewhere to store my clothes.

I've spoken to the landlord but she was very dismissive of my concerns and told me the room was approved by the council but couldn't tell me its exact dimensions. 

One of the other girls went to visit today and said her mattress was infested with bed bugs.

I obviously now want out of the contract I shouldn't have signed. Has anyone got any advice on the best way to get out of the contract and get my money back?
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Comments

  • in_my_wellies
    in_my_wellies Posts: 1,682 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 6 September 2022 at 5:58PM
    Is there any organisation at the uni to support student rentals? I know UNIPOL sets minimum standards for student accommodation in Nottingham and Bradford. It's voluntary for landlords to join but students can know there are minimum standards in registered properties. (size, study desk, minimum number of sockets, etc)

    It might be worth asking at the student union if there is such a thing

    I'm not sure if you can get out of a contract, other will reply soon
    Love living in a village in the country side
  • kazwookie
    kazwookie Posts: 14,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 6 September 2022 at 6:30PM
    May be contact the council, and check to see if the house  / room is approved and the house regist. as a HOMO
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  • macman
    macman Posts: 53,129 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Is it or is it not the room in the photo? if not, it's clearly misrepresentation. If the ad says furnished, and it's not, ditto.
    It's still not clear if you have actually visited the property yourself yet?
    No free lunch, and no free laptop ;)
  • london21
    london21 Posts: 2,142 Forumite
    1,000 Posts Fourth Anniversary Name Dropper
    You might have a case. 

    Going forward aviod signing contracts without seeing the room/property first so you know exactly what you are getting but also because rental  fraud on the increase. 
  • jj_43
    jj_43 Posts: 336 Forumite
    100 Posts First Anniversary Name Dropper
    If you think you have a case, let the landlord know, ask for your deposit back, or you will take action in the small claims court. Alternatively, if you can’t be bothered, let the landlord know the advertisement of the property misled you, and if the landlord takes action, countersue. You both deserve being in this situation, you for not viewing the property and the landlord for not insisting you had seen the property.
  • How many tenants will there be. If 3 or 4, check if the council has an additional licensing scheme and if the property falls within the additional licensing area. If it does check the council website for the HMO register.  If 5 or more, check the HMO register on the council website.  If the property should be licensed may be worth asking the landlord for a copy if the licence.  If not found on the register, check with the council if an application has been submitted.  What makes you think the room is so small, have you looked for the address on line, if it is being advertised anywhere else and if there are any property plans with measurements.  May also be worth contacting the council's private sector team for advice and tell the other tenant to do so also. 

    HMO regulation 8 states 

    the manager must ensure that each unit of living accommodation within the HMO and any furniture supplied with it are in clean condition at the beginning of a person’s occupation of it.

    https://www.legislation.gov.uk/uksi/2006/372/regulation/8/made 

    In terms of a bedroom under 6.51, they may be given up to 18 months to increase the room size or they can no longer let the room but it is highly unlikely a room 1.5 x 2 would be approved.
  • anselld
    anselld Posts: 8,636 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Lyyysz said:
    Thank you everyone, 
    I spoke to the council but as the tenancy was for less than 5 people it was unlicenseable and no HMO rules can be enforced on it.

    In the end I sent a letter to the landlord telling them to unwind the contract on the grounds of being misled by the room size. She has agreed to refund the money and release me from the contract. 
    Good result.  
    However for info the Council were being lazy.  The HMO management regulations apply to all HMOs regardless of their licensing status as does the HHSRS guidance and both are enforceable by the Council.  Licensing simply allows them to impose standards over and above the basic level and to charge Landlords a fee for doing the job they should already be doing.
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