Invalid EPC given to Tenants, can I claim misrepresentation

[wulfe1958]

Landlord served invalid EPC before Tenancy. Trading Standards suggested misrepresentation claim but gave no details. Could this be filed in county court or magistrate court. Any suggestions

[dx100uk]

well not criminal so not a magistrates..

i've moved to to the correct forum rather than the one about issues with this web forum.

the property experts should now see this thread and help if they are around, but bear-in-mind its the W/End now

 

 

dx

 

[mantis shrimp]

Do you want to get out of the tenancy? 

 

What is wrong with the EPC? 

 

When did you find out? 

 

 

[stu007]

Hi

 

I have to agree with the above.

 

What exactly is wrong with the EPC?

 

Have you checked the Governments website to see if the Property has a Valid EPC:

 

Find an energy certificate - GOV.UK

WWW.GOV.UK

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Find a property's energy certificate including an energy performance certificate (EPC), display energy certificate (DEC) or air conditioning...

 

Have you raised this issue with the Landlord?

 

When did your Tenancy initially start and were you given a copy of the EPC at start of Tenancy?

 

 

 

[wulfe1958]

BRIEFLY

The EPC given at the start of the Tenancy was E. Subsequent EPC demonstrated F. Property Description differs greatly  between two EPC’s.

The Property should never be E, it should never be rented and Tenancy would not be accepted, or even legally possible if true EPC was provided. Tenancy commenced in May 2020. 

The above is already confirmed  by LGO and Landlord lost eviction claim, so proved in court too. Therefore, this fact is proven beyond any doubts. 

My question is :

Do I have grounds to file misrepresentation claim, with damages, as if true EPC  was given, Tenancy would not proceed. Landlord gained Tenancy over false EPC, regardless such being innocent, negligent or deliberate act. 

 

If any of members have legal understanding, please advise if this claim could proceed in county court. There are no case law on this. 

Thank you

 

[mantis shrimp]

Do you still live there? If so, are you planning to leave? 

 

And yes, a misrepresentation claim can be brought in the County Court. That is not a comment on the merit of such a claim. 

 

 

Edited February 5, 2022 by mantis shrimp

[wulfe1958]

1. Yes

2. No

Do you think such claim has no prospect of success? 

I do not want to waste my time and money if such claim is not prosperous. That is why I need opinions. Thanks for your input. 

 

[mantis shrimp]

Your replies suggest that the alleged misrepresentation is not in fact of fundamental importance to you. I doubt, therefore, that a claim will make you prosperous.