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What to do if the landlord is not upholding agreements

If you consider that your agent or landlord has breached the Property Misdescriptions Act 1991 you should contact your local Trading Standard Office. They will contact the landlord or agent regarding the offending advertisement.

It is not often realised that the Property Misdescriptions Act 1991 applies to rented properties. Letting agents and landlords must not make false or misleading statements regarding any property offered for rent. If they do they will be committing an offence only. This means that you, as a tenant will not be entitled to bring any civil claim .

However, if facts were misrepresented then under Misrepresentation Act 1967 a tenant can make a claim, however it’s a tricky area and you should seek legal advice. For example if your agent tells you that the property has central heating when in fact it does not, then this is a misrepresentation.

If you only find out about a misrepresentation after you have moved in and that misrepresentation “induced” you (i.e. it was a significant reason that you agreed the tenancy) then you may be entitled to move out if you do it quickly. You should tell your landlord/agent exactly why you are moving out.

if you find out about any misrepresentations before you move in, you can refuse to go ahead with the tenancy.

If having found out about the misrepresentation and continue with the tenancy, thereby effectively "affirming" everything is okay and you will not be able later to make a claim..

However as we have said it is best to obtain legal advice before you do anything rash.



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