Misled about loft space - can I terminate my tenancy early?

[BackinLondon2019]

I moved last January into a home (old converted church). On the floor plans in Rightmove a loft room was included; it was also shown by the estate agent when we did the viewing (a proper room, more like a third floor, perfect for habitation). I signed the tenancy agreement and a week later after moving in, the owner confirms that they loft room is out of bounds and that the estate agents were instructed to not show it to prospective tenants as part of the available space.

In addition, the building used to be a commercial studio and they hadn't requested the change from business rates to domestic premises, which has meant we haven't had any waste disposal since it's still classified as a commercial business. I have been chasing the council myself(estate agents have been completely useless and have done nothing, I was the one to log the initial request even with the council) for the past four months but it's moving slow and I am left with no rubbish collections and having to pay someone to come and collect our waste. To add insult to the injury, the council has also confirmed that I will be indeed by charged council tax from the date I moved in. I feel this is something that should have been sorted before starting any tenancy.

I have had enough so my question is, can I terminate my tenancy early due to having been misled and how do I do this if I find resistance from the estate agent/owner? There's no mention of break clause in the agrement. The loft room is more than a third of the advertised space.

Thank you

When you say last January, do you mean January 2024? Did you raise it immediately then? What did the agents say when you queried it?

IANAL.

What’s the current term left on the lease?

Have you sought or been offered reimbursement/rent reduction for the waste collection costs

I believe you can cancel by reason of misrepresentation - whether negligent or deliberate. Either they deliberately represented the accommodation as having the loft room when they knew very well it wouldn't be included, or they accidentally represented the accommodation as having the loft room without realising it wouldn't be included.

Either way, the result is the same: you were told / shown an attic room, then you arrived to find that it was not included in the tenancy.

What did it say on the lease you signed?

Yes January 2024. I raised both immediately and said that they had requested change to domestic premises but it was a lie - business rates have confirmed that they did open the original request on the day that I called them myself mid Feb.

It's a one year tenancy so it goes until end Jan 2025 with two month notice. No break clause.

No, they haven't offered a reduction on the rent at all despite me complaining several times about the situation. They have offered to arrange a person collecting my waste but I would need to pay them myself (i asked them to cover the cost and they refused). I found someone cheaper to do so but it has been cash in hand so no receipts unfortunately.

Thank you. It was done intentionally by the estate agents since I spoke directly to the owner and she was angry with them since the loft was apparently locked but she gave the code of the lock to the estate agents and they included it in viewings as available space. Two weeks after moving I was told by the owner that I couldn't use it at all, just for storage.

If it makes any difference, I did the viewing online (I was abroad at the time) and I have a video of the estate agent showing me the loft room (the coverage was bad up there so she recorded it and sent it to me)

The agreement included use of the loft.

What is the reason for the loft space being out of bounds for you?

Anyway, it sounds like you were given misleading information which led to you agreeing to sign the letting agreement. If that proves so, that is in breach of Consumer law and you would be within your rights to and the contract. I don’t think it makes any difference that the landlord says they told the agent because the agent is acting on their behalf so how would you know? If you go to the Shelter website they will have information on this. You will possibly need legal representation though. Shelter is your first port of call as mentioned though.

Personally I’d ask them as my first port of call. I’d simply explain it was missold, misrepresented, and due to the change in available space and lack of refuse collection you wish to exit now.

i suspect the loft will be emptied and become available, and rubbish will be paid to be collected asap/

It sounds to me like there isn’t planning permission for the loft room.
Is there anything stopping you from using it as you’d planned?

Ooh, be careful! I don't like the sound of somebody asking you for cash in hand to dispose of your waste! That sounds very dodgy indeed! How do you know they're not just fly-tipping it somewhere? Why will they not give you any paperwork?

As the producer of the waste, it's your responsibility to see that it is properly and legally disposed of, so if you're paying someone to take it away then you need them to give you a copy of their waste transfer licence and any other relevant paperwork.

If any of your waste has been fly-tipped and it's traced back to you, you would be prosecuted and fined if you couldn't prove that it was removed from your premises by a licenced waste collector.

Thank you, I never thought about that re the waste collection. They were initially refered by the estage agents though but I will bear in mind for future collections of course.

The loft is out of bounds apparently because less steel beams were used to build it that they should have due to the house next door being a council home which 'would not have given permission for the adiditonal beams required'. I was only told this by the owner a few weeks after we moved in. The stairs going up to the loft, although visually perfect in a home, they have unsecured gaps and are not safe (this was not shown during the video viewing).

I reached my limit earlier today and emailed both estate agent and owner telling them that all of this has led me to start considering ending our tenancy early and will therefore be seeking guidance in order to do so before the end of the term (ie coming to mumsnet to ask 🙂as an initial step)

If you’re using an unlicensed waste carrier to collect your rubbish - and if it’s cheap cash in hand then I assume you are - then you’re risking a prosecution for fly tipping if they don’t dispose of it properly. The authorities will come after you as well as the waste carrier.

Good! Hopefully the owner will bollock the agent and let you out early with the agent taking a fee hit (they sound like the villains of the piece tbh)

Thank you, I am now aware and will not use them any longer unless they can show the relevant paperwork. Thank you for alerting me to this, I did not know.

Sorry, just realised I cross posted with both you and a previous PP!

Sounds like a very amateur landlord that you're dealing with here OP!!

I know, it's been a nightmare. I do think the estate agents are at fault here and the ones that were deceitful to both the owner and myself.

I just need to find a way to terminate our agreement..... I cannot wait to be able to take my rusbbish out every week like everybody else!😅

Thank you all for your comments - it is clear now that I have grounds to terminate the tenancy early. I just need to hope now that both estate agent/owner don't resist because I've really had enough of conflict......

I very much doubt that the agent did this without the knowledge of the landlord, whatever she says, considering she is clearly happy to rent out a property that had no residential planning permission and a loft conversion that clearly hasn’t been approved by building regulations and is potentially dangerous. Suits her to blame them but legally I think they’re as responsible as each other.

Yes, you are completely right. And as mentioned upthread, they were acting on her behalf anyway so....

Have they even got planning permission for it to be residential if it was a business. You could make enquiries with the planning department as it may not be legal for you to be living there.

What an awful situation OP. In the meantime can I suggest you use local dustbins outside (like in the street type ones not peoples own ones) to dispose of rubbish in a daily basis so it doesn't build up? A carrier bag a day type situation.

Just a heads up, that the suggestion above re street bins, is also actually illegal, though quite common practice. So if you do, don't be putting anything with traceable details in, (Inspectors do periodically check) or be seen doing it.
(Some areas you'd have to be very unlucky and do it in front of a council bod to have an issue, other places some people will go to some lengths to identify others doing it.)