A very complex situation. An agreement is reached between the claimant (who is an international student with no family in the UK or any permanent residence at the time of the agreement) and a landlord via a lettings agency. The letting agent misrepresents the information in the agreement via the emails (written proof is available), the claimant believes that information since he has double checked if the requirement (a mixer tap) was present twice. Agent vaguely confirms even after the question being asked twice. Based on that information, 50% of the annual rent is paid + deposit while the claimant is abroad. The claimant arrives in the UK and in the lettings agency to finish signing the papers and realises that the requirement was not there as promised in the agreement, he signs the agreement after protesting because he has no where to stay. Same day after office closes he sends an email to the lettings agency protesting again and this time demanding a refund and asking to give the keys back. They make an offer of having the claimant pay 200 pounds plus continuously paying rent until another tenant is found. He refuses this offer and demands a full refund and to give the keys back but they refuse to take the keys. He sends a letter before action, then goes to court. 5 months later he asks the agency to give the keys back since they refused the last time and they accept. Maybe because they know that they won’t be getting their other 50%. The contract has the date when the initial agreement was made when the claimant was abroad and not on the date when the contract was signed under pressure. The agency was aware of the status of this student and the landlord’s defense in this claim is that the claimant should have sued the agency and not him but he was sued because the agency asked for his permission and he was the one was refused to take the keys back unless that offer was accepted. What does this all sound like?*
Tricky misrepresentation and undue influence situation - any ideas?
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