Lease misrepresentation?

[JibTeenuc]

I am hoping someone can offer me some advice concerning an issue with my former landlord, please.

In short, I took possession of a property he was letting out just over ten years ago.

Having viewed and been offered the letting, I accepted and paid the deposit plus the first month’s rent and moved in. Meanwhile, the landlord had gone on holiday and it was not until a week or so after I had moved in that I saw him again when he came around to see if we had settled in OK. I told him all was fine and took the opportunity to ask him where the parking space was located as there is only “pay per hour” on street parking outside and a commercial car park approaching half a mile away. He said there was no parking included with the accommodation. Yet the lease which we had each signed clearly stated that the property included the use of a parking space. He told me that this was an error on his part and that there was no parking space included with the property.

Having already vacated my previous letting and paid the deposit and the rental advance and moved all my effects into the new letting – in addition to not wanting a major fallout with my new landlord (I also had a wife and three children to consider), I erred on the side of caution and did not press the matter.

 

However, the kids have all grown and flown and we have been obliged to downsize to a one bedroom apartment (with parking, happily). This was nearly three months ago and I have only yesteray received contact from my former landlord’s lawyer stating I still owe him (the landlord) money. I am waiting to learn the grounds for his claim and have requested a full breakdown of that alleged indebtedness from his lawyer but, having been very good tenants who always paid the rent on time and not only took great care of the old property but also did a lot of unpaid work improving it over the course of our ten year residence, I am quite annoyed to be treated so meanly.

Regardless of whether or not it transpires that I do, unwittingly, owe this man money I am wondering whether or not I might have a counter claim against him for the false representation of his lease and perhaps even be compensated for the ten years I spent paying for on street parking as well as putting up with the daily (often hourly) inconvenience of that.

 

If someone could advise me, I would be very grateful.

 

Thank you.

 

[BazzaS]

The time to sue / ask for rent reduction started when you became aware of the issue (that is 10 years ago). You are absolutely unable to claim for anything for more than 6 years ago, as it is 'statute barred'.

 

As for claiming anything within the last 6 years, if you have left it this long, expect the LL to claim that you accepted the error. If you wished to claim, you should have done so well before now. Expect them to claim that you accepted it, and are onl;y now claiming different as a result of their claim. You'd then have to persuade a judge otherwise.

Edited October 15, 2019 by BazzaS

[JibTeenuc]

Thanks for the reply. It's pretty much what I expected and feared I would be told.

 

It is true that, ever one for a quiet life, I would not have raised this issue of the parking space were it not for the landlord's unreasonableness during the very latter part of our tenancy (once he had issued us with a notice to quit, so as to re-rent the property out for a higher rent) and now, since. I was hoping our last tenancy was now behind us, content to put it all down to experience and just get on with my life. However, I overlooked quite a number of breaches on the landlord's part (including legal ones) during our tenure because, being in a "seller's market" and needing somewhere to live, we were subject to a Hobson's Choice scenario. And that is why I did not press for redress, not because I was a willing party to the situation. Am I being overly optimistic in hoping such might be taken into consideration?

 

[stu007]

HI

 

You took possession of the Property in 2010 but when did you end the Tenancy Agreement?

 

Did you give them the required Notice to end your Tenancy?

 

You mention you paid a Deposit in 2010, was this returned when you ended the Tenancy?

 

You need to know exactly what they are claiming money owed is for and surprised that solicitors letter does not mention this.

 

Send the Landlord a Subject Access Request (SAR) asking for 'ALL DATA'  (ensure to send a copy to the Solicitor acting for them as well. 

[JibTeenuc]

All pretty much as I suspected. Never mind.

 

Thanks to everyone who took an interest in my situation and particular thanks to those who offered help and advice.