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Daft misleading advertising

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  • 01-05-2016 1:10pm
    #1
    blahblahbla
    Registered Users Posts: 88 ✭✭


    We were looking to move houses and found one on Daft we liked just outside Athlone. It was advertised as a detached house. When we got there we had a look around and agreed to take the house we handed over a deposit and gave our notice. About two weeks later we got the lease and it turned out that what we assumed was a garage turned out to be a grannyflat attached to the house where the landlords brother is living. It turns out the house is not attached. Also the lease is very unreasonable for example we cant have guests stay more then one night.

    The problem is now we are in a very bad situation where we have to move out of our current residence and we either have to accepts this place that was advertised incorrectly or find somewhere else in a weeks notice.

    Does anyone have any advice on this, is there any sort of protections against this kind of false advertising of property?


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    #2
    December2012
    Registered Users Posts: 4,695 ✭✭✭December2012


    The ad got you to view the property, which you did before giving your deposit. Did you ask at the viewing about the granny flat?


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    #3
    MarkAnthony
    Closed Accounts Posts: 6,934 ✭✭✭MarkAnthony


    All property ads are misleading to some degree.

    Frankly you should have read the lease before signing it. If the LL won't give you a lease ahead of time then keep looking. Legal advice can't be given here but you might take advice as to the enforceability of some of the clauses within the lease. A starting point would be the PRTB.

    A lesson learned I think, be on your guard a bit more next time.


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    #4
    The Wife
    Registered Users Posts: 104 ✭✭The Wife


    blahblahbla wrote: »
    We were looking to move houses and found one on Daft we liked just outside Athlone. It was advertised as a detached house. When we got there we had a look around and agreed to take the house we handed over a deposit and gave our notice. About two weeks later we got the lease and it turned out that what we assumed was a garage turned out to be a grannyflat attached to the house where the landlords brother is living. It turns out the house is not attached. Also the lease is very unreasonable for example we cant have guests stay more then one night.

    The problem is now we are in a very bad situation where we have to move out of our current residence and we either have to accepts this place that was advertised incorrectly or find somewhere else in a weeks notice.

    Does anyone have any advice on this, is there any sort of protections against this kind of false advertising of property?

    They can't stipulate in your lease that house guests can't stay more than one night. Are you sure it's not a clause relating to sub letting?
    In terms of the granny flat, that's not false advertising. It was up to you to ascertain at the viewing the nature of the "garage" purpose. If it's not attached to the house what's the issue?


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    #5
    Michael D Not Higgins
    Registered Users Posts: 7,223 ✭✭✭Michael D Not Higgins


    Are you tenants or licensees of the landlord's brother?


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    #6
    blahblahbla
    Registered Users Posts: 88 ✭✭blahblahbla


    MarkAnthony wrote: »
    All property ads are misleading to some degree.

    Frankly you should have read the lease before signing it. If the LL won't give you a lease ahead of time then keep looking. Legal advice can't be given here but you might take advice as to the enforceability of some of the clauses within the lease. A starting point would be the PRTB.

    A lesson learned I think, be on your guard a bit more next time.

    I havent signed the lease yet, Ive paid a deposit and handed in my notice to my current landlord. At the moment if I dont sign the lease ill have nowhere to go, thats my issue.


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    #7
    blahblahbla
    Registered Users Posts: 88 ✭✭blahblahbla


    December2012 wrote: »
    The ad got you to view the property, which you did before giving your deposit. Did you ask at the viewing about the granny flat?

    No the ad said detached house. The granny flat is attached so I thought it was a garage.


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    #8
    Michael D Not Higgins
    Registered Users Posts: 7,223 ✭✭✭Michael D Not Higgins


    blahblahbla wrote: »
    No the ad said detached house. The granny flat is attached so I thought it was a garage.

    Is there a door between the house and the granny flat? If it's a separate property it shouldn't have any bearing on your tenancy and the landlord wouldn't have any say on how many visitors you can have.

    If it's not separate, you could be a licensee and not subject to tenancy laws. The limit on visitors would then just be house rules.


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    #9
    blahblahbla
    Registered Users Posts: 88 ✭✭blahblahbla


    Michael D Not Higgins wrote: »
    Is there a door between the house and the granny flat? If it's a separate property it shouldn't have any bearing on your tenancy and the landlord wouldn't have any say on how many visitors you can have.

    If it's not separate, you could be a licensee and not subject to tenancy laws. The limit on visitors would then just be house rules.

    I never heard of a licensee before, we haven't signed a lease yet but we have paid a deposit. Do we have any rights to determine that want to be tenants and not licensees?
    They never said anything about the brother living there before we paid the deposit.


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    #10
    Michael D Not Higgins
    Registered Users Posts: 7,223 ✭✭✭Michael D Not Higgins


    blahblahbla wrote: »
    I never heard of a licensee before, we haven't signed a lease yet but we have paid a deposit. Do we have any rights to determine that want to be tenants and not licensees?
    They never said anything about the brother living there before we paid the deposit.

    What does the lease say?


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    #11
    MarkAnthony
    Closed Accounts Posts: 6,934 ✭✭✭MarkAnthony


    You've still jumped the gun, that's not anyone else's fault but your own. Putting that aside as you don't need a lecture have you approached the LL and explained you're not happy with the situation and seen what can be done in relation to return of part/all of the deposit? You need to make sure this is a proper tenancy and not a license agreement. Assuming the former a mere threat of using the PRTB may be enough to get some co-operation, I'd suggest the nice approach first.

    Is your current LL willing to facilitate you in staying a little longer? If not I'd say it's a case of getting in too the new gaffe and hoping for the best.


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