Was misled by letting agent about internet — now landlord says they’re not responsible. Feeling stuck in a tenancy I never would’ve signed.

Hi all,

I’m a software engineer and competitive gamer who works from home, so fast and stable internet is absolutely essential for my job and livelihood.

During the viewing of a new-build flat, I made it explicitly clear to the estate agent that I needed high-speed fibre (not 5G, not copper), and asked whether  the property was suitable for my competetive gaming and software engineering needs. I was told, confidently, “Yes, it’s available.” Based on that verbal reassurance, I moved forward with the tenancy.

After signing the agreement and paying the deposit + first month’s rent, I arranged Virgin Media installation — only for the engineer to tell me the building had failed multiple installations in the past and is unserviceable due to infrastructure and planning restrictions. No fibre. No fix.

At this point, I reached out to the managing agent (who took over after the tenancy started), and they’ve basically said:

• “We didn’t conduct the viewing, the letting agent did. They’re the ones responsible, not us.”

• “You should have written fibre internet as a ‘special condition’ in the offer.”

• “You’ve already moved in and used the keys, so the contract stands.”

They’ve even offered to re-let the property if I pay extra fees, while still charging me rent — even though I moved in under protest just to avoid homelessness and have recorded evidence + emails confirming this.

This whole experience has been brutal. I now have to keep paying rent for a flat that doesn’t meet the requirements I clearly asked about upfront — and the managing agent is passing the blame entirely onto the estate agent, even though they’re the ones I pay rent to.

I’ve done a ton of research, and I believe this qualifies as misrepresentation under the Misrepresentation Act 1967 and possibly the Consumer Protection from Unfair Trading Regulations 2008, especially since I relied on verbal assurances made during the viewing that turned out to be materially false. But they’re brushing me off as if I’m just “misunderstanding the law.”

Key facts:

• Fibre  and suitable interner for a competetive gamer was verbally confirmed by agent, later proven impossible.

• Engineer confirmed multiple failed installations before mine.

• The estate agent tried to gaslight me into saying internet isn’t important for most people and it’s not what he looks for. Quote on quote “we are not wifi engineers”

• Checklist I used for all viewings (dated before this one) specifically asked about fibre availability.

• Managing agent told me to “deal with the estate agent,” but now both sides are deflecting responsibility and If you think about it the estate agent cant do much as the managing agent is second to the landlord

• I moved in under protest, only after the building wasn’t ready on the initial move-in date.

• Still haven’t received basic utility info like water meter location.

• They’ve ignored requests for a clean break or refund stating that they and the landlord are not responsible and my information is incorrect under the situation ?

I’m preparing to take this to Small Claims Court. I have:

• A dated checklist showing fibre was a key concern

• Email trails

• Recordings of key conversations

• Evidence the flat was not ready on move-in

Has anyone dealt with something like this? Am I right to pursue rescission and a refund? Is this clearly misrepresentation or is there something I’m missing here?

Appreciate any advice from others who’ve been through the wringer with managing agents or letting agents — or from any legal minds here who can spot any holes in what I’m trying to do.

Just to make it clear with the research I’ve done and the evidence I’ve compiled chat gpt said im pretty much guaranteed to win the court case and that they have no legal grounds. This is with rrading all the email trails.

LOCATION: ENGLAND UK, Maidstone kent