Lease misrepresentation?

[JibTeenuc]

Hi,

I am hoping someone can offer me some advice concerning an issue with my former landlord?

In short, I took possession of a property he was letting out just over ten years ago.

Having viewed and been offered the letting, I accepted and paid the deposit plus the first month’s rent and moved in. Meanwhile, the landlord had gone on holiday and it was not until a week or so after I had moved in that I saw him again when he came around to see if we had settled in OK. I told him all was fine and took the opportunity to ask him where the parking space was as there is only “pay per hour” on street parking outside and a commercial car park around approaching half a mile away. He said there was no parking included with the accommodation. Yet the lease which we had each signed clearly stated that the property included the use of a parking space. He told me that was an error and that there was no parking space included with the property.

Having already vacated my previous letting and paid the deposit and the rental advance and moved all my effects into the new letting – in addition to not wanting a major fallout with my new landlord (I also had a wife and three children to consider), I erred on the side of caution and did not press the matter.



However, the kids have all grown and flown and we have been obliged to downsize to a one bedroom apartment (with parking). This was nearly three months ago and I have today received contact from my former landlord’s lawyer stating I still owe him (the landlord) money. I am waiting to learn the grounds for his claim and have requested a full breakdown from his lawyer but, having been very good tenants who always paid the rent on time and not only took great care of the old property but also did a lot of unpaid work improving it over the course of our ten year residence, I am quite annoyed to be treated so meanly.

Regardless of whether or not it transpires that I do, unwittingly, owe this man money I am wondering whether or not I might have a counter claim against him for the false representation of his lease and be compensated for the ten years I spent paying for on street parking.

Any legal beagles able to help please?

[lgfa92]

I am wondering whether or not I might have a counter claim against him for the false representation of his lease and be compensated for the ten years I spent paying for on street parking.

I would have thought that any valid action would have to have been taken when you became aware regarding the parking spot and not a decade later (claims are typically limited to 6 years from when you find out that something's wrong)

[JibTeenuc]

Thanks for the reply. It's pretty much what I expected and feared I would be told.

It is true that, ever one for a quiet life, I would not have raised this issue of the parking space were it not for the landlord's unreasonableness during the very latter part of our tenancy (once he had issued us with a notice to quit, so as to re-let the property for a higher rent) and now, since.

I was hoping our last tenancy was now behind us, content to put it all down to experience and just get on with our lives. However, I overlooked quite a number of breaches on the landlord's part (including legal ones) during our tenure because, being in a "seller's market" and needing somewhere to live, we were subject to a Hobson's Choice scenario. And that is why I did not press for redress, not because I was a willing party to the situation.

Am I being overly optimistic in hoping such might be taken into consideration?

[2222]

I think you are being vastly over optimistic. By staying put in the property after being made aware of the lack of parking you accepted the changed terms of the lease.

[JibTeenuc]

Much as I supposed. Never mind.

Thanks to everyone who considered my problem and particularly those who helped.

[Amethyst]

When you find out what his claim is about, let us know. Did you get a refund of your deposit when the tenancy ended or is the claim from the landlord to reduce the amount of the deposit being returned?