I entered into a new tenancy with a Landlord, the Landlord promised me that he would have a team of workmen who would be able to come to the house within 48 hours to repair any damages. This persuaded me to take the tenancy, as it sounded like a really good deal. However the details about the workmen who would respond within 48 hours, was not in the tenancy agreement. Now that I have moved into the property and been here for 5 months, I have had several repairs that need doing, it takes more that 2 weeks for workmen to turn up when a repair needs doing, do I have a case for Misrepresentation? Can you please explain how Misrepresentation works?
The Answer from Solicitors Online
Misrepresentation must be a false statement of fact
Misrepresentation must be a false statement that is wrongly presented as a fact. Misrepresentation does not include statements about someone’s intention to do something in the future or their opinion.
An example of misrepresentation is a Business Landlord who is attempting to sell an office block to a buyer. The Business Landlord tells the prospective buyer that the existing tenants Smiths and Co are desirable tenants. When in fact the Landlord knows that Smiths and Co are in arrears with their rent and have been for a very long time. The Landlord knows the truth concerning the tenants and has wrongly presented as false statement as a fact.
An example of an opinion that is not misrepresentation is a farmer who sells some land for sheep farming. The land has not been used for sheep-farming before, so the farmer does not know how many sheep the land can take for grazing, but in presenting the land for sale, he states that he estimates that land can take up five hundred sheep for grazing. When the buyer buys the land from the farmer, he finds that the land can only take four hundred sheep for grazing. This is not a case of misrepresentation, but just the farmer’s opinion being incorrect. The farmer had no knowledge of how the many sheep the land could take for grazing and therefore just gave his opinion.
Does silence count as Misrepresentation?
If a sellers stays silent, rather than revealing to a potential buyer some facts about the goods or a service which they have knowledge of, they will not be regarded as having misrepresented the goods or service.
What if the Misrepresentation was obvious?
Even if the misrepresentation was obvious and most people would not have believe the misrepresented statements made about a good or a service, it would still be regarded as misrepresentation and anyone who purchases on the basis of it, will be entitled to bring a legal claim.
An example of this is if a person says they are selling tickets for a FA Cup Final game for £2.00, but in actual fact the tickets are not genuine tickets. Even though to most people such an offer would have not been believable and obviously not a genuine offer. It will still be regarded as fraudulent misrepresentation.
If I am a victim of Misrepresentation, what can I get as compensation?
As a victim of misrepresentation you may be eligible to receive compensation to put you back into the position you were in before you engaged in buying the good or service that was misrepresented to you. You may also be able to get compensation for the damage that the misrepresentation has caused to you.
If you need legal advice on on misrepresentation you can speak to one of our Business Solicitors online right now.