Feel like we were mis-sold a rental - what are our rights? Any?

[Showerrrring]

We viewed a rental house in Manchester a month ago. We were told that a lot of things would be done and cleared that haven’t been - these things formed part of our offer (we have all of this in writing). None of the things we requested have been done. And we were told there was a basement room - it was on the floorplan and we only couldn’t see it on viewing day because the EA mislaid her keys. It was absolutely sold to us as part of the let. We had planned to use it.

We took the keys yesterday. Nothing has been done that we requested, and the basement we were not shown is not habitable in the slightest: still full of the other tenant’s items and an absolute damp shambles, it’s awful. The EA who gave us the keys said it won’t form part of the let, but that’s the first we’d heard of it.

There are also other problems that weren’t there on first viewings, like there’s a chronic drainage problem that the neighbours told us about - the house frequently smells of sewage.

Where do we stand here? We haven’t moved in yet, are due to in a few weeks. We feel mis-sold and do not want it because we’re now concerned that other issues will be hidden inside it somewhere.

We have obviously signed the contract though and paid the first month’s rent!

Do you have somewhere to stay if you back out?

Absolutely you shouldn't take the property. Write them a formal email stating this and the reasons why.

Even if we’ve signed the contract and paid the first month’s rent?

We would have somewhere to stay if we didn’t move into it.

I think you should book an appointment with a solicitor to find out your legal rights.

Give Shelter a call, as they are generally helpful for housing issues.

Seconded. Shelter helped us write a letter to terminate a rental contract due to damp and other issues - it resulted in us getting some money back.

That's terrible OP. I'm sure you've already done this but make sure you have loads of photos and screenshots. How did you pay for the deposit?
Was this all done through an agency?

We paid via bank transfer, all through an estate agent who were very nice when we met them and seem to be reputable enough.

They said all the work would get done - it just hasn’t been done yet because the landlord ran out of money (!).

So they are willing to do it all, but I have sort of lost faith and wonder if there’ll be problem after problem. I don’t know!

The LL would have to authorise the repairs so how is that going to happen if they ran ut of money? I would certainly not recommend this LL as a business partner as they sound dodgy and dishonest. LLs need to have sufficicnt money in hand to cover eventualities such as emergency repairs to the rental and to allow for voids and other promblems. This LL is obviously a poor businessman as well as having badly misled you. The agent acts for the LL so I doubt they are being honest either. I would follow the advice to take photos of the issues and then consult Shelter or a soliciter with a view to voiding the lease for breach of contract. A letter before action threatening to take them to the small claims court should concentrate their minds wonderfully. You can represent yourself there. I would also post a review on all the available sites to warn others.

I'd go to EA say you can't move in as jobs havnt been done as agreed, say you want rent back that you have paid. Owner has not kept to contract he agreed to.

you have accepted the keys
you have paid the (first) rent

in legal terms the contract is now in place with "consideration" having been given (you got the keys) and received (they got your money)
Therefore if you back out now you are in breach of contract and remain liable for paying rent until the end of the fixed term per the contract or until a new tenant is found and accepted by the LL - whichever comes first.

Failure to inspect the basement if it was that important to you is not the LL's responsibility, you could have gone back another time.

"promises" re works to be done which have not is almost the norm. You may not like living in the property without the works having been completed, but it does not negate the contract unless you had a clause to that effect inserted in the contract and signed by both you and the LL

smells is simply a failure of your own due diligence before taking the contract. It is not down to the LL to vet your sense of smell

unknown defects not yet known is a waste of breath

This sums it up perfectly

Is it a UK Rooms For Rent property by any chance?

bottom line is you can say you have changed your mind and ask to be released from the contract:

• the LL can wholesale refuse and make you pay rent for the fixed term (whether you physically occupy it or not)
• the LL can agree and let you walk off scot free
• the LL can agree subject to you paying them compensation for the incidental costs they may incur, eg: costs to re-advertise, unrefunded tenant finder fees (if applic) etc

Whilst this is a consumer contract and thus weighted towards the consumer if there is a dispute, there comes a point where, despite incessant publicity the concept of "mis-sold", that is not a basis to support you basically changing your mind over factors you did not codify before signing.