The following Property Q&A Produced in partnership with Elizabeth England of 42 Bedford Row provides comprehensive and up to date legal information covering:
Misrepresentation is a statement of a fact which is untrue.
In order to establish a misrepresentation you must be able to point to the represented words either on the page or electronically, or point to them being said by a certain person, on a certain date. There must be an actual representation or statement.
The representation must be a fact, as distinct from a statement of opinion, a statement of intention or a commendatory statement.
The representation must be false.
The general rule is that, in determining whether there has been an express representation, and to what effect, the court has to consider what a reasonable person would have understood from the words used in the context in which they were used (IFE Fund SA v Goldman Sachs International  EWHC 2887 (Comm), per Toulson J at ).
In the context of a tenancy agreement in which the express term was 12 months, it may be difficult to establish, as a fact, that the landlord represented that the tenancy was to carry on for some longer term than 12 months. If it were so, then one would have expected the express term to have been negotiated
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