I will try and keep this short.
Letting agent sent me images via Facebook of a property. Looked amazing and was perfect. Had arranged a viewing for 10 days later as apartment was occupied. Then, agent messaged me to say that someone was about to put a deposit down and it's first come first served situation and asked if I would be willing to put down the deposit.
So I have only viewed images. But my situation was desperate and felt I had no choice. Met landlord and agent. Signed contract. Then was given the address. Thought I would check out area and outside. Turns out the apartment is right next to a Kareokee bar :-O The landlord nor the agent informed me of this. The Landlord openely has admitted, now that I have signed the contract, and not before that I will notice this. I cannot deal with this.
Secondly, the agent who sent me the photos, sent me photos of a bathroom, which I loved. Turns out this is not even from the apartment I signed for. Seriously.
Agent is not taking responsibility. I have told the landlord I want to void my contract. I have paid for 2 weeks anyway. And said I would stay until then so give her time to find a new tenant. The agent is being unresponsive but understand this is a holiday period. But I need my agent fee back, and my deposit otherwise I am effectively homeless. Unless I stay in an apartment that is no way near as advertised.
Absolutely I know It was a mistake singing a contract before actually seeing the property but this worked OK for me previously here.
I am pretty sure the agent is legally very much in the wrong and does not really have any ground to charge me that fee as I am looking to cancel the contract and find a place else where due to false advertising.
But the landlord is now refusing to give me deposit back unless she finds someone within 2 weeks to move in.
So my questions are
1. Am I entitled to a refund from the agent for the agent fee. If so any tips on the process I should follow
2. Is the landlord entitled to keep my deposit. What do I say or follow here to ensure I get the deposit back?
3. Who's responsibility, if any, is it for not informing me of the bar next door? Should the landlord or agent informed me bearing in mind I had not even viewed the property?
4. With the picture from the incorrect apartment being sent, which I have the evidence, does this put me in a position that justifes the cancellation of the contract, refund of the agent fee and my deposit returned?
5. What do I need to do to void the contract that i signed?
Would really appreciate any help.