If you’ve entered into a tenancy based on promises or statements made by your landlord, only to later find out that you were misled, it’s crucial to take a serious look at your available options.
The things which you relied upon may have been things stated in an advertisement about the property, things said to you in communications and in some cases what you were led to believe.
If you feel you were misled or pressured into agreeing, you may have grounds to end the tenancy earlier than the agreed fixed term or break clause.
Thanks to the Consumer Protection from Unfair Trading Regulations 2008—amended by the Consumer Protection (Amendment) Regulations 2014—private tenants who began their tenancies after 1 October 2014, have a legal pathway to potentially “unwind” a contract in certain situations.
This law offers protections for unfair trading practices, which include:
- Misleading actions: Giving false or incomplete information.
- Misleading omissions: Leaving out crucial details.
- Aggressive practices: Using pressure, harassment, or coercion.
- Lack of professional diligence: Not adhering to standard practices
In order for you to succeed in an action arsing from the above legislation, you would need to show that you would not have entered into the tenancy had you known the reality.
The right to unwind
The right to unwind allows you to terminate your tenancy agreement within 90 days if your landlord engaged in misleading actions or made misleading omissions. To claim a right to unwind, you would need to file a claim in the county court, requesting a declaration to unwind the contract. You may also consider seeking compensation or a refund alongside this claim for any monies paid towards the tenancy. The court will then assess your case.
In certain situations, instead of terminating the contract, you may opt for a Right to a Discount on your rent. It’s important to note that you cannot claim both a discount and exercise the right to unwind the contract. Unlike the 90-day period for unwinding, you can seek a rent discount after the 90 days, but within a 6-year window.
Other options
In the first instance, it’s always best to agree to end the tenancy directly with your landlord. Our solicitors can help you negotiate an exit to your contract based on the above.
If you believe you were deceived, misled, or pressured into signing a contract, and would not have done so otherwise, reach out to our property law specialists for expert advice. Call us on 0113 216 5507 or request a callback online.
AUTHOR
Wakash Waheed
Partner and Head of Civil and Commercial Departments
Whiterose Blackmans Solicitors LLP, Diamond House, 116 Brudenell Road, Leeds, LS6 1LS