Letting Agent Misrepresentation?

[mkot]

On the 12th of June we have rented through Estate Agency 3bdr house. Due to the pressure put on us we moved in much earlier than we planned - agent said that landlord want to move in asap. We agreed as it was very hard to find something else in our area.

 

From the day after we moved in, there has been significant noise coming from the construction site located just in front of our garden. What we found out was that there will be 6 storey building... I'd like to mention that agent didn't say a single word what kind of hell we can expect and also, there was no sign of machinery in the day of viewing, pictures of the house on their website are misleading too.

 

Engineering machines are working every weekday (within agreed hours of course: 8am till 6pm) and make our living here very difficult. I want to stress out that both myself and my partner work from home but the conditions make it not possible.

 

 

We have an Assured Shorthold Tenancy Agreement for 12 months period with break clause after the end of 6 months.

 

There is no way that we will be able to stay in this noise. Kids are complaining for headaches and ear pain.

 

 

Any chances that we can end it without losing our deposit (we're renting in London, so you can image the amount) and being sued?

 

 

Thank you for any suggestion.

[stu007]

Hi mkot

 

Please be patient I am sure the caggers will be along to give you some good advice.

[mariner51]

IMO LA may have a moral resp to inform prosp Ts of neighbouring noise nuisance or adjacent building work they are aware of, but they are unlikely to stop it.

Activate break clause and vacate on expiry or seek LL terms for early surrender of T.

[rebel11]

Hi mkot

 

Welcome to CAG

 

It explains why they wanted you to move in quickly. They clearly wouldn't have been able to let the property once the building works had started. The Letting Agents knew, the landlord knew, the only person that didn't know was the new tenant, that's you. They have withheld information so you couldn't make an informed decision on whether to rent the property or not.

 

Landlords would have been canvassed, so they knew before planning permission was granted.

 

http://old.estateagenttoday.co.uk/news_features/Landmark-case-over-property-description-to-set-precedent

 

http://www.naea.co.uk/news/september-2012/oft-publish-guidance-for-property-sales.aspx

 

http://old.lettingagenttoday.co.uk/news_features/Letting-agents-warned-over-dangers-posed-by-consumer-protection-laws

[*RainbowTears*]

On the 12th of June we have rented through Estate Agency 3bdr house. Due to the pressure put on us we moved in much earlier than we planned - agent said that landlord want to move in asap. We agreed as it was very hard to find something else in our area.

 

Sounds like your LL knew about the planned Construction site & kept schtum. As from what you have stated above, your LL wanted you to move in earlier, than you wanted too, as "pressure" was put on you to do so.

 

Which you did & "coincidentally" one day later the Construction Site came to life!!

 

So first off, as you are renting through an LA, I'd go there & speak to a manager. Then state your case as you have here, whilst being polite & firm.

 

Do say how you were pressured into moving in a lot earlier than you planned.

 

Do state that the LL would of known about the planned construction. (as planning consent notices & the like are put up in the local neighborhood or posted in mail)

 

Do say, that as you were never informed of the above & that as you were pressured to move in early, that the LL deliberately withheld this knowledge, as otherwise if you had been told you would never of taken the property. (I'm assuming that's the case here?)

 

Ask the LA if either they knew about or if LL told them of the planned construction. (response on what answer given)

 

State how the pictures are misleading of the property & why.

 

Lastly say how you work from home but due to the constant construction noise from 8am - 6pm, its making it impossible to continue. Also say how this has disrupted your lives so much, that you & your children are suffering on a daily basis.

 

So the resolution you are seeking is; on the grounds that important information regarding the Construction site was withheld from yourselves.

 

Examples being;

 

To see if LL will allow you an early release without incurring charges etc.

 

To break your contract & move out asap?

 

To stay but agree on reduced rent for inconvenience?

 

 

If you don't get anywhere with the above, then you could ring the local Council Housing office for advice. (I found them to be helpful in a LL situation I was in).

 

Otherwise if all else fails, activate your break clause & move on to somewhere more suitable.

 

Good luck!

[mkot]

Guys,

 

Thank you for your replies.

 

At the moment we are waiting for a legal advice. LA doesn't want to speak about situation and our complain has been forwarded to the LL, no answer since Thursday 24/07. DH tried to speak with LA yesterday, but he was very rude.

 

If we just move out asap, we will never get back over £2000 deposit and what we are afraid - the court action from the LL/LA side.

 

Reduced rent? We have to rent 2 desks somewhere and pay for childcare - that could be a total of current rent.

 

Unfortunately, I am not able to post any pics or videos, but to give you any idea how does it looks like please visit 565londonroad(dot)wordpress(dot)com

 

 

Thank you!

[raydetinu]

I presume you viewed the property prior to agreeing to rent it and that the building site opposite was there? albeit no work may not have commenced, so did it not raise a few question about up coming activity?

No doubt that the agent or LL would have known about what was proposed, but may not have known when it was going to start any more than you. ( you should of asked? ).

We all have this from time in houses we own, construction work can start anywhere at any time and nothing you can do about it.

However excessive noise even from construction sites is not allowed ( there are legal noise limits ), so suggest you contact the local council EH dept. and ask them to come and check the noise levels inside your property; they have the power to stop excessive noise.

Other wise I am afraid you are stuck until escape clause kicks in ( don't forget to give adequate notice in writing ).

[rebel11]

The landlord and letting agent knew when the work was starting, the onus is on them to inform any potential tenant of any building works that would effect them. Phone some letting agents / landlords and ask them.

 

I presume you viewed the property prior to agreeing to rent it and that the building site opposite was there? albeit no work may not have commenced, so did it not raise a few question about up coming activity?

No doubt that the agent or LL would have known about what was proposed, but may not have known when it was going to start any more than you. ( you should of asked? ).

We all have this from time in houses we own, construction work can start anywhere at any time and nothing you can do about it.

However excessive noise even from construction sites is not allowed ( there are legal noise limits ), so suggest you contact the local council EH dept. and ask them to come and check the noise levels inside your property; they have the power to stop excessive noise.

Other wise I am afraid you are stuck until escape clause kicks in ( don't forget to give adequate notice in writing ).

[mariner51]

AFAIK the Council has no duty to inform owner/LL about nearby planning applications or work involved, just the occupier/T.

Past Ts rarely pass this info on or leave letters in property on departure.

If LL/LA did know in advance then that could be useful.

[raydetinu]

No legal requirement to tell anybody about upcoming works about to start, once application approved.

if you are buying then solicitor would have found out about planning approval ( which lasts for 3 years ) so only Contractor would know when they are actually going to start!

Also neighbours would have been informed at time application was made.

Best bet is to contact Environmental health at council.