View Full Version : OFT V Foxtons update

18-03-2010, 08:45 AM
Foxtons have lost their case with the OFT apparently.

The full story can be read at: http://nfopp.briefyourmarket.com/Goto/1355705-4887 and links to the judgement are given within the piece.

Note: The legislation applies to the UK and not just to English law.

18-03-2010, 10:22 AM
But the issue of whether renewal commission is a fair condition or not has not been addressed?

So this problem remains for most landlords, with the legality iffy.

18-03-2010, 10:31 AM
Should this also be in the letting agent section, it is very helpful thank you for posting it. When it speaks of not charging ongoing fees after two renewals it is a bit vague, what happens if the tenant goes on to a periodic tenancy to save renewal fees for both parties i.e. Ll and T, would the agent be entitled to their 10% for ever?

19-03-2010, 07:32 AM
I am in this position now where the T has automatically gone to a periodic tenancy after the AST elapsed. Despite my approaches to the LA at the time to negotiate fees,they ignored my calls and letter. I have collected rent diretcly and have now been invoiced in retroscpect fby the LA for fees when they have done nothing to earn them.
I posted this query in th eLetting section yesterday.
Anybody out there who has suggestion on combatting the LA - Help!!

19-03-2010, 07:48 AM
Where are renewal fees discussed in the LA contract? are they on the "money" page or is it a single small print clause somewhere near the back of the contract?

If it is the latter, that is what the rulling seeks to clarify as renewal fees are therefore not part of the "core bargain"

You should not pay a renewal fee if a contract slips in an SPT anyway

19-03-2010, 09:38 AM
You should not pay a renewal fee if a contract slips in an SPT anyway
I agree. A statutory periodic tenancy is not a "renewal", anyway.