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Fundamental breach of contract due to misrepresentation

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89 views 1 replies latest reply: 11 October 2016
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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!

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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.

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