Property agent gave us incorrect information

We took an apartment out through a property agent in February. The main reason for taking the property was the terrace which our glass patio doors (which run the width of the house) open up onto. We were verbally told, and have it in writing, from the agent that the terrace was solely for the use of our apartment only. This was one of our 'must' criteria's when looking at property here as we like to have BBQ"s and have a small dog. We have now been told by the landlady that the terrace is a communal area, and any other tenants are entitled to walk down the steps and use it. We are dismayed, as if we had been told this at the outset then we would not have taken the property. The agent has just put it down to a 'mis-understanding' but there was absolutely no misunderstanding on our part !

Where do we stand on this - I'm guessing that there is nothing we can do with the landlady as the mistake was not from her but was from the property agent. As per our contract we have to stay here atleast another 10 months, but not only do we not have a private outdoor area, but as the apartment is very open plan with lots of glass, should anyone use the terrace we will also not have ANY privacy (the only rooms you cannot clearly see into from the terrace is the bathroom). Any advice on our rights on this and how we should handle it would be really appreciated, as we're very distressed with the whole situation. Thanks.

Thanks Oly88 - do you know how we go about the free advise in the district councils ?

So far the agent hasn't been very forthcoming, even with accepting responsibility for their error, but we can try !

Moving out until our contract is up really isn't an option - besides the normal moving expenses the landlady holds 3 months deposit of ours which I've no doubt she would retain if we tried to break lease, and we really can't afford to lose.

Thanks v much for you help

One question: where is written that the terrace is for your use? Is it in the lease itself? If that is the case then you CAN sue the landlady for breaching a term of the lease.

No it's not in the lease - we have it in email and from the property particulars provided to us from the agent.

sorry but why would you trust anything from an agent? the contract counts...

We trusted the agent as this was the person we dealt with not the landlady. It is not normal for the contract to detail the size of the apartment, layout but just the apartment address. The terrace is not referred to in any way in the contact, other than listing the plants on it under our 'fixtures and fittings' - this appeared normal to us, as at the time as far as we were concerned the terrace was part of our property - if it is a communal area why should we be the ones responsible for communal plants ? The supplementary info from the agent specicifically states the terrace is solely for our use - why would we doubt this ?? I am aware that the contract counts in so far that the terrace is for communcal use and there is nothing we can do about that now, but given that the agent was negligent at best (and willfully gave us wrong information for a sale at worst), in the information provided to us, and knew we would not consider a renting a property where the outside area was communal, feel that we should be compensated by the agent, as now we are tied into the contact, and unless we forfeit 3 months deposit must live in a property that does not meet our needs.