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2. Before I rent the flat, I find out that my estate agent gave me false or misleading information about the flat. Can I terminate the tenancy agreement and sue my agent (or his employer) for compensation?

The tenant generally cannot terminate the tenancy agreement on this basis, unless it can be shown that the landlord has instructed or authorised the estate agent to provide false or misleading information to the tenant.

 

Furthermore, an entire agreement clause in the tenancy agreement may operate to limit or exclude the tenant’s right to terminate the tenancy on the ground of pre-contractual misrepresentation by the landlord.

 

The estate agent may nonetheless be held liable for misrepresentation or negligence if it can be proved on a civil standard that the tenant was induced to enter into the tenancy agreement by the false or misleading information given by the estate agent.  The employer may also be vicariously liable for the wrongful conduct of the estate agent so closely connected with the employment.

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