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Landlord Lied To Me

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So I viewed a detached property and the landlord showed me around the property, there was a plot of land directly opposite the property and I raised my concerns and asked if planning permission or if a house was going to be built on the land.

I was told no planning permission had been approved and there was no immediate plans for a house to be built on the land, I made it very clear I wanted some peace and quite and if a house was being built on the land it would be a massive issue for me but was assured this was not the case.

So I went ahead and signed a 12 month contract for this property.

So I've been in the property for approximately 1 week, and today I notice a bunch of people around this plot of land so I go and speak to them. Turns out planning permission had been approved over 1 year ago for a 4 bedroom house and within the next month or 2 the building work is to commence for this new 4 bedroom house.

I also found out that last year everyone i.e. All the neighbours where sent out a letter letting them know planning permission had been approved and it's going to take around 9 months to build the property (Pretty much my entire tenancy)

What I want to know, what are my legal options?

I've been blatantly lied to by the landlord and now I'm basically going be living beside a building site for my entire tenancy, what makes this worse is I work from home and I work late into the early hours of the morning so this is also going to effect my sleeping pattern as I usually don't wake up till 11am - 12am and I usually go to bed around 3am - 4am but a building site beside me will wreck my sleeping pattern

Did the landlord have any legal responsibility to tell me about the impending house being built?

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Dunno about your local council , but on ours a simple postcode search under the councils planning approval website will give you all current, pending, and approved applications within your area .

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Dunno about your local council , but on ours a simple postcode search under the councils planning approval website will give you all current, pending, and approved applications within your area .

I don't think we have that in NI

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So I viewed a detached property and the landlord showed me around the property, there was a plot of land directly opposite the property and I raised my concerns and asked if planning permission or if a house was going to be built on the land.

I was told no planning permission had been approved and there was no immediate plans for a house to be built on the land, I made it very clear I wanted some peace and quite and if a house was being built on the land it would be a massive issue for me but was assured this was not the case.

So I went ahead and signed a 12 month contract for this property.

So I've been in the property for approximately 1 week, and today I notice a bunch of people around this plot of land so I go and speak to them. Turns out planning permission had been approved over 1 year ago for a 4 bedroom house and within the next month or 2 the building work is to commence for this new 4 bedroom house.

I also found out that last year everyone i.e. All the neighbours where sent out a letter letting them know planning permission had been approved and it's going to take around 9 months to build the property (Pretty much my entire tenancy)

What I want to know, what are my legal options?

I've been blatantly lied to by the landlord and now I'm basically going be living beside a building site for my entire tenancy, what makes this worse is I work from home and I work late into the early hours of the morning so this is also going to effect my sleeping pattern as I usually don't wake up till 11am - 12am and I usually go to bed around 3am - 4am but a building site beside me will wreck my sleeping pattern

Did the landlord have any legal responsibility to tell me about the impending house being built?

Why did you trust a Landlord's word? Lying is in hard wired into their DNA.

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Thanks for the link Willie.

I have no idea how I'd be expected to know there was planning permission approved for a plot of land that has no post code or any information attached to it though to even do a public search on

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One of the options is metres away from the property - I think it may be up to 100 metres away so it should have shown up. Why don't you try your postcode and see if it does show up the potential new build.

I just get an error up when I try and search the info

"A mapping error has occured. An error report has been logged with the site and we will resume the mapping functionality you attempted to use as soon as possible."

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Regrettably, if it ain't in writing, or else in the very rare circumstances you have some way to prove that a verbal contract was effectively agreed, you don't have much of a leg to stand on.

I always record my telephone calls of things like this - it resulted in a full deposit refund plus a compo cheque when a letting agent tried to stick it up my lad and his mates on a Uni slum in Durham. If building work was an issue I'd also have done the planning search, but even in that case I might have found nothing - the plans could have gone in the day after signing up and they could be digging holes within a couple of months anyway.

One to chalk up to experience perhaps, but if they are causing you noise outside reasonable hours at least you can take some action. Take heart that you are not a shift worker - they've been getting disturbed by the bin men and ice cream vendors for years.

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Poor judgement I guess

A similar thing happened to me courtesy of another reliable profession. Bought where I live off plan and agreed a particular garage with the EA. When I moved in the key they had given me did not fit. They asked me to look at the plan and they had allocated a different one in a block of 4. The one they agreed with me is one of 2. To this day it causes me problems. BTL here means the others let their garages rot and the garage I should have had was slightly bigger. I blame myself for taking someone's word.

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I know it doesn't help in this case but all the local authorities I have come across have planning applications online. You just put a

postcode in and up comes pdf files, decision dates etc. 10 minute job.

If you want to get out of the contract without penalty and the LL won't agree, you need to get some evidence that he gave you duff info. He might

just claim he didn't know or not to my knowledge. If you can get writing he said the panning app wasn't approved when it was and he holds his hands

up to being a mistake, then you should be able to get him to pay for his mistake.

See if you can get any hard evidence in writing before you do a his word against mine dance. Don't threaten to sue straight off, try

and catch him off guard. :lol:

xxx

Dear Mr Rigby,

You told me that no planning permission had been granted and no building works were to commence before I signed the contract....

However........

I would be grateful to receive your comments on this matter.

etc

Edited by DEATH

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A similar thing happened to me courtesy of another reliable profession. Bought where I live off plan and agreed a particular garage with the EA. When I moved in the key they had given me did not fit. They asked me to look at the plan and they had allocated a different one in a block of 4. The one they agreed with me is one of 2. To this day it causes me problems. BTL here means the others let their garages rot and the garage I should have had was slightly bigger. I blame myself for taking someone's word.

I feel for you I really do. Usually I don't take people at their word but in this instance I was shown around the property by the owner, this property wasn't a BTL it was the owner who was moving away for a few years and they seemed like lovely people. Still I guess this one is on me, I suppose in hindsight I could have went around all the neighbours and asked about the land

Regrettably, if it ain't in writing, or else in the very rare circumstances you have some way to prove that a verbal contract was effectively agreed, you don't have much of a leg to stand on.

I always record my telephone calls of things like this - it resulted in a full deposit refund plus a compo cheque when a letting agent tried to stick it up my lad and his mates on a Uni slum in Durham. If building work was an issue I'd also have done the planning search, but even in that case I might have found nothing - the plans could have gone in the day after signing up and they could be digging holes within a couple of months anyway.

One to chalk up to experience perhaps, but if they are causing you noise outside reasonable hours at least you can take some action. Take heart that you are not a shift worker - they've been getting disturbed by the bin men and ice cream vendors for years.

Thanks Sam, appreciate the kind words. If I could have recorded conversations I would have, I suppose next time I speak to my landlord I could bring up the subject and record the conversation but as I understand it that doesn't hold up in court.

Have you used CallTrunk.com for recording phone calls? It's great, I've recorded entire conversations with EAs in the past through that website, it's excellent!

I know it doesn't help in this case but all the local authorities I have come across have planning applications online. You just put a

postcode in and up comes pdf files, decision dates etc. 10 minute job.

If you want to get out of the contract without penalty and the LL won't agree, you need to get some evidence that he gave you duff info. He might

just claim he didn't know or not to my knowledge. If you can get writing he said the panning app wasn't approved when it was and he holds his hands

up to being a mistake, then you should be able to get him to pay for his mistake.

See if you can get any hard evidence in writing before you do a his word against mine dance. Don't threaten to sue straight off, try

and catch him off guard. :lol:

xxx

Dear Mr Rigby,

You told me that no planning permission had been granted and no building works were to commence before I signed the contract....

However........

I would be grateful to receive your comments on this matter.

etc

Thanks for the reply mate, atm I'm digging up info. I've spoken to the builder and asked for a letter of the date planning was approved etc I'm also going to see if I can get a copy of the letter that was sent to all the neighbours etc

Stainless Sam sadly I know you're right, without solid proof I don't have much hope. Doesn't make it any easier to accept the situation though as IMO I've been legally conned, it's certainly changed my attitude about wanting to take good care of the property, I certainly won't be going out of my way to fix things that aren't my responsibility!

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I'd be looking to get out asap. Since a 12 month AST has been signed I don't know what your options might be.. is it possible to cut that short somehow? Maybe worth a call to citizens advice and explain, see what your options are.

I favour this solution since when you leave in 2 months+ time the work would have started making it a difficult property to let. They deserve a massive period of no income.

Incidentally I would never sign up for an initial term more than 6 months in duration for reasons like this, until you're there you just don't know what it will be like.

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So are you going to move out? I'd have words with the landlord ASAP!

I'm looking at my options atm

I'd be looking to get out asap. Since a 12 month AST has been signed I don't know what your options might be.. is it possible to cut that short somehow? Maybe worth a call to citizens advice and explain, see what your options are.

I favour this solution since when you leave in 2 months+ time the work would have started making it a difficult property to let. They deserve a massive period of no income.

Incidentally I would never sign up for an initial term more than 6 months in duration for reasons like this, until you're there you just don't know what it will be like.

Yeah I should have signed a 6 month contract, I'll do my research first and see what my options are

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This is a difficult one. Property is supplied "as seen", so when you sign the tenancy agreement, or exchange contracts on a purchase, you should already have made your own enquiries for anything which you are concerned about.

If the LL did misrepresent the property, then technically, if you act immediately it may be possible to have the contract set aside; however, you would have to prove that the mis-description was significant enough that you would not have signed the lease, if you had known of the actual state.

However, it seems you have reasonable evidence of either negligence or fraudulent misrepresentation (if letters confirming planning permission were indeed sent out), so this gives you the option, not just of voiding the contract, but also of suing for legal costs, costs involved in finding an alternative property, moving costs, etc.

Unfortunately, getting anywhere with this will generally mean going to court to have the contract voided, and then claiming your costs. You'll need to consider your position carefully, and seek good advice, before deciding whether to embark on a time consuming and potentially expensive battle.

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A tenancy is a contract, but it is also an interest in land. Not everything that comes under "the law of contract" applies to tenancies or may have very limited application, e.g. frustration, the requirement to mitigate loss and, relevant to the thread, repudiation. If you are going to repudiate a tenancy (as opposed to the contract to create he tenancy which exists before the tenancy starts - and it starts when you have taken up occupation) you have to act very quickly indeed. I fear you have left it too long. That leaves you with a claim for damages for misrepresentation, which it seems you would not have difficulty proving if you have recorded the conversation where the landlord assured you that the land had no planning permission. The question is though whether such a claim would be worth the expense, time and effort involved. As CumpusRex suggests, you need to consider your position carefully before taking legal action. Your best option, if you feel that there is going to be serious problem with the building works, is to try and come to an agreement with the landlord. If you send him a copy of the recording, that may may encourage to come to a sensible compromise.

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  • 239 Brexit, House prices and Summer 2020

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      • down 5% +
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      • Even
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      • up 5%



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