Rent Renewal Fee Claims - Foxtons Vs OFT Case - http://www.rentmanagement.co.uk
Foxtons and OFT - Letting Agent Fees in 2011
http://www.rentmanagement.co.uk/articles/761/1/Foxtons-and-OFT---Letting-Agent-Fees-in-2011/Page1.html
By Landlord Lawyer
Published on 28/02/2011
 

LETTING AGENT FEES - LAWFUL OR NOT IN 2011?

Following the important test case of the OFT v Foxtons in the High Court the Judgement in that case has been found to favour of the Landlord rather than the Letting Agent. In general terms the Judge in the Foxtons letting fees case decided that the terms and conditions in the agreement were held to be unfair for the purpose of the unfair terms in consumer contract regulations.  At R James Hutcheon Solicitors we have managed to win in court twice and recover over £20,000 in letting fee commissions against Foxtons in an out of court settlement.


Foxtons Rent renewal Update and OFT

LETTING AGENT FEES - LAWFUL OR NOT IN 2011?

Following the important test case of the OFT v Foxtons in the High Court the Judgement in that case has been found to favour of the Landlord rather than the Letting Agent. In general terms the Judge in the Foxtons letting fees case decided that the terms and conditions in the agreement were held to be unfair for the purpose of the unfair terms in consumer contract regulations.  At R James Hutcheon Solicitors we have managed to win in court twice and recover over £20,000 in letting fee commissions against Foxtons in an out of court settlement.

Rent Renewal Fees - Can You Claim or Defend A Claim By A Letting Agent?

The answer is probably "Yes".  However before our letting fee renewal we need to determine whether certain criterion applies to you, the landlord. Every case is fact sensitive so for R James Hutcheon Solicitor to help you, the initial filter we apply following the OFT v Foxtons case is set out hereunder:-

1. You, the landlord must be a consumer – this is fact sensitive so the renting out of the property must not be considered to be a business.
 
2. There must not have been any other agreement for the letting agent to undergo property management.

3. The terms and conditions contained in your agreement must include the standard clauses (or similar) as in the test case if OFT v Foxtons Ltd.

4. You, the landlord were unaware of the renewal commissions or the information provided was unclear or buried away in the "small print."

Any landlord considering making a claim against a letting agent for renewal fees and commissions will appreciate that the OFT v Foxtons criteria set out above is simplified and landlords will need to speak to us on a case by case basis.  There is still a chancethat

Renewal Commissions
If you have renewed and paid rent renewal commission fees in the past there is a reasonable chance you may be able to claim back up to 6 years of renewals.  For more information on claiming back rent renewal fees or rent renewal commissions click on this Link - 6 Years of Rent Renewal Letting Fees. If you do wish to claim back the renewal commission fees please provide us a full breakdown of all payments if you have not already done so.

Contact Us To Claim 0151 431 0548

Contact us between 9.30 am to 6.00 pm Monday to Friday by calling us on 0151 431 0548 or our alternative free phone number 0800 011 2757.  You can also send us a email by using our CONTACT US form or engage our live chat facility on the top right hand side of the web site.  If we are online we chat live with you in complete confidence.  Don’t be surprised if you see a floating live chat box appear on your computer screen, that our legal team ready to help you.  If you do not want to chat live, simple disable the live chat box.

Starting a rent renewal claim against letting agencies is easy with us.  We are the only solicitors, as far as we know, that have applied consumer protection Regulations concerning unfair clauses in contracts to individual cases.

With a proven track record and offering landlord clients a No Win No Fee claim, landlords can now fight back without the fear of legal costs.  By knowing our landlord clients we understand that cash flow can be difficult.  Whilst landlords may have assets in the form of property nevertheless cash is often in short supply and being hit by unexpected rent renewal commission demands does not help.