You viewed the flat, and the agent described it as 'quiet', 'fully maintained', 'no issues with the heating'. You signed. Two weeks in, it is clear the boiler has been dead for months, the neighbours are running a nightclub, and the damp is so old the previous tenant left a note about it in the kitchen drawer. You want out. The question is whether the law gives you a route.
It might. If a landlord or letting agent told you something false before you signed, and it was a significant factor in your decision, consumer law can let you unwind the tenancy and get back some or all of what you paid. The clock is short. You have 90 days, counting the later of the day you signed and the day the tenancy started as day one.
What consumer law says about being misled by a landlord
Since 6 April 2025, unfair commercial practices have been banned by the Digital Markets, Competition and Consumers Act 2024, which replaced most of the Consumer Protection from Unfair Trading Regulations 2008. Landlords and agents letting as a business are traders, and you are a consumer. How these rules apply to residential tenancies is still developing, so treat a strong case as worth pursuing rather than a certainty.
The part of the 2008 Regulations that survived is the part you can use yourself. Part 4A lets you unwind the tenancy, claim a discount on the rent, or claim damages through the county court. It covers an assured tenancy in England or a standard contract in Wales, with exceptions. It does not reach lettings by housing associations in England, most social lettings in Wales, homelessness placements, shared-ownership leases, supported or introductory contracts, or a lodger arrangement (regulation 27C).
The Act bans misleading actions, misleading omissions and aggressive practices, but your own claim needs one of two things (regulation 27B). Either the landlord or agent told or showed you something false or misleading, which can include a true statement presented in a misleading way, or they pressured you into signing. A landlord who stayed silent about a problem is a matter for Trading Standards, although the silence can still support a claim built on something they did say.
What counts as a misleading statement by a letting agent?
The misleading practice must have been a significant factor in your decision to sign (regulation 27A). A slip that made no difference to your decision won't count.
Statements likely to qualify include:
- Describing a property as in 'good condition' when significant disrepair was present and known before the tenancy started
- Stating the property had no history of damp or mould when it had
- Claiming a lease or licence type that gave you fewer rights than the real legal relationship
- Stating a property was licensed when it was not, for example describing an unlicensed HMO as compliant
- Misrepresenting the landlord's identity or the terms under which the property was being let
- Promising specific features (parking, a working appliance, inclusion of bills) that turned out to be false
General puffery ('lovely flat', 'great location') and statements that turned out wrong because of events after you signed sit outside the rules. A defect that was obvious at the viewing is also unlikely to count, because it is hard to show a statement about it misled you. For how to build the evidence, see our guide to claiming against a landlord for misleading information.
How to unwind a tenancy within 90 days
Unwinding ends the tenancy and entitles you to a refund of what you paid under it, including rent and advance payments. If you reject the tenancy within a month of it starting, you get everything back. After that, the landlord can deduct the market value of the housing you have had, unless that would not be appropriate given the behaviour of whoever misled you and the impact on you (regulation 27F).
You must act within the 90 days, counting the later of the day you signed and the day the tenancy started as day one, and while the tenancy is still running (regulation 27E). Discovering the problem later does not restart the clock. To use the right, take these steps in order.
- Write to the landlord or letting agent stating that you reject the tenancy and are exercising your right to unwind under regulation 27E of the Consumer Protection from Unfair Trading Regulations 2008
- Set out what the landlord or agent told you that was false, who said it and when
- State what you paid and what you are claiming back
- Give a reasonable deadline for their response, typically 14 days
- If they do not respond or refuse, file a claim in the county court
A clear letter rejecting the tenancy is what exercises the right, so gather your evidence before you send it. You need to show what was said, when, and how it affected your decision. Keep screenshots of listings, emails, text messages and notes from viewings.
Can you still claim after the 90-day unwind deadline?
Yes. Outside the 90 days you still have two remedies under the 2008 Regulations, and damages can also sit alongside an unwind.
A discount on the rent is not tied to the 90 days (regulation 27I), though the normal six-year limit for court claims applies (regulation 27K). You can have a discount or an unwind for the same practice, not both, so if you are still inside the 90 days, decide which you want first. It is usually 25%, 50%, 75% or 100% of the rent, depending on how serious the practice was. Where the rent payable is over £5,000 and you have clear evidence it was above the market rate, the discount is the size of that gap instead.
Damages cover losses you would not otherwise have had (regulation 27J). They could include:
- Costs you incurred because of the misrepresentation, such as moving costs or temporary accommodation
- Losses caused by the disrepair or defect the landlord misdescribed
- Alarm, distress, or physical inconvenience or discomfort the misleading practice caused you
Damages do not cover the gap between the rent you agreed and the property's market value. Claim that as a discount. Two limits apply. The loss must have been reasonably foreseeable when the practice happened, and the landlord can escape damages if the false statement came from an honest mistake, wrong information someone else gave them, or something else outside their control, as long as they took every reasonable step to get it right.
A disrepair or deposit protection claim can run alongside this in the same county court claim, and if the landlord committed a qualifying offence, such as letting an unlicensed HMO, a rent repayment order is a separate tribunal application you can pursue in parallel. You cannot be compensated twice for the same conduct, though (regulation 27L). Our guide to claiming a rent discount or damages covers all three remedies in more depth.
The 90 days run whether or not you have spotted the problem, so it is worth checking your position early. Remedy can check whether what you were told meets the threshold, help you organise the listings and messages that prove it, and draft the letter rejecting the tenancy while the 90 days are still open.
