My son rented a property 2 years ago. Due to a serious health issue, he has had to vacate the property.He was beyond the length of the lease and gave the required 3 week notice. He has also had to resign his employment and move in with my wife and I while he undergoes chemo and radiothereapy.
When he rented the property it was described in the following ways ….double garage /2 car garage /2 car spaces /secure parking. Foolishly he took the agent's word and didn't inspect the garage.
After moving all his possessions with a removalist, he attempted to park his car, a stock standard 94 Volvo 940 sedan. It is shorter in length and having higher ground clearance than a Commodore,Camry and Falcon. (Examples of average cars.)
His attempt failed on two counts…..
- the garage was way too short ,
- The angle of the sloping driveway and its junction with level floor of the garage, resulted in the bottom of the car scraping severely as it entered the garage.
He notified the agent. They told him he was at fault for not doing a thorough prior inspection.
The external measurements of the garage are 5.1m x 5.1m. The internal usable area is much less.
Built into the garage is a bench 600mm wide which runs along the side. Along the rear wall is another built in bench, 400mm wide.
He paid over $500 a week. The reason he needed a double garage was for his own car and his sister's car. She has been in London for the duration of the rental. Both cars have had to be parked on the street and have deteriorated as a result.
The agents have relisted the property as having a double garage /2 car spaces / secure parking / 2 car garage.
Has the agent misrepresented the property ?
Is the onus on the prospective renter to notice the size of the garage? The garage is free standing and at the time of the open house inspection, the garage was not offered for inspection.
If it is a misrepresentation, should my son be compensated?
My son's cancer has torn all fabric of normalcy from under his feet. His sick leave ends this month .My wife and I are seeking to help as best we can.
All thoughts on the matter will be gratefully appreciated.