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Finding the perfect rental can feel like winning the lottery. Unfortunately, for our client, her new apartment turned out to be more like a bad dream. Lured in by the listing's description of a "spacious, modern flat with all amenities," The client signed the tenancy agreement only to discover a very different reality. The "modern" flat was outdated, and the promised "all amenities" notably lacked hot water – a crucial element for any comfortable home.
Sarah felt misled by the letting agency's inaccurate portrayal of the property. This situation highlights a valuable right for tenants: the right to unwind a tenancy agreement under the Consumer Protection from Unfair Trading Regulations 2008 (as amended by the Consumer Protections (Amendment) Act 2014).
What is the Right to Unwind?
This regulation allows tenants to escape tenancy agreements if they were misled by the letting agency or landlord in a way that significantly influenced their decision to sign.
Here's how it applies to our client’s situation:
Misleading Information: The agency's advertisement contained false information about the property's condition and amenities. This constitutes misleading practice.
Influential Factor: The inaccurate description likely played a major role in Sarah's decision to rent the flat.
Taking Action: Unwinding the Tenancy
With the help of our legal team, our client contacted the letting agency and explained her situation. She emphasised the misleading information and how it influenced her decision to rent the property. Following our client’s comprehensive and robust complaint letter, the letter agency accepted her proposal and returned all monies our client paid towards renting the property.
The Importance of Communication
Open communication with the agency and landlord is crucial. Laying out the facts and explaining how the misinformation impacted the decision can often lead to a positive outcome. If communication breaks down, legal advice is recommended.
Taking Control: Know Your Rights
Our client’s story serves as a reminder of the importance of understanding your rights as a tenant. The right to unwind offers protection against unfair trading practices and empowers tenants to escape unfair tenancy agreements. By being informed and assertive, tenants can ensure they are treated fairly throughout the rental process.
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