Fundamental breach of contract due to misrepresentation | The Tenants' Voice
Cookies must be enabled for this site to function properly

Topics / Laws 

start a new discussion

Fundamental breach of contract due to misrepresentation

0 helpful votes
This is the number of people who have indicated that they have found this discussion useful.
431 views 1 replies latest reply: 11 October 2016
Photo
Tenant

I am are seeking to have the signed AST voided (?) on the basis of the ‘fundamental breach of contract’ that resulted from the deliberate misrepresentations (lies lies lies) of the letting agent. We have outlined our position but to date their response has been to give us the runaround – its been incredibly distressing as we narrowly avoided becoming homeless.  The LA appear to be progressing on the basis of coercing us into capitulating because they are retaining our funds, rather thanresolving the legal issue.  I would love to hear from anyone who might have pursued this option.  

The letting agent blatantly lied  – we only discovered the extent of her lies after we’d signed the AST, when we took occupancy of the property! We lasted a mere couple of hours before coming to the distressing realisation that the level of noise in the property was nowhere near to the levels we had reasonably expected based on the ‘information’ we had been provided by the lying, letting agent. She lied in response to every question we had about the noise, the neighbours and even the number of bedrooms in the upstairs flat. It’s been incredibaly distressing and any advice/assistance in getting the AST set aside would be gratefully received – it seems unfair that duped tenants have little or no recourse against misrepresentations by letting agents!

Get up to £120 in discounts !

Save 10% on 25+ services for your home and garden when you book with Fantastic Services !

Book now and use promo code FTTV10* to receive 10% OFF the price of 25+ services for your home and garden !

Get 10% OFF the price of your service with our promocode:

  • 10% OFF End of tenancy cleaning
  • 10% OFF Removals
  • 10% OFF Handyman services
  • 10% OFF Garden Maintenance
  • 10% OFF Carpet cleaning
  • 10% OFF 25+ more services for your home and garden
cleaner

*Use code: FTTV10 to get 10% OFF all services (Excluding Locksmith Services).

Minimum charges and T&C apply! Can not be combined with other offers and discounts. No expiry date.

Photo
Tenant

Hello, 

A very good information about voiding tenancy agreement could be read here – http://law.stackexchange.com/questions/9055/what-happens-legally-if-my-landlord-lied-verbally-about-a-clause-in-the-contract

The problem with your case is that you signed an AST, in which I’m sure there is no mention of “noise”. Which is a particularly nasty problem because you been lied to about something that is not in the contract, and therefore the contract is legitimate. 

While I’m not sure if you have a legal standpoint to kill the AST, you can do a formal complaint about noise levels. The GOV site categorises noise pollution like so:

“For the noise to count as a statutory nuisance it must do one of the following:

  • unreasonably and substantially interfere with the use or enjoyment of a home or other premises
  • injure health or be likely to injure health”

More info here – https://www.gov.uk/guidance/noise-nuisances-how-councils-deal-with-complaints

You can use the GOV website to complaint to the council about noise nuisance around your property

https://www.gov.uk/report-noise-pollution-to-council

Hope this helps.

Showing 1 - 1 of 1 Comments
start a new discussion

Post a reply