OFT v Foxtons - Rent Renewal Fee Clause
Foxtons and the Rent Renewal Clause
The Judgement in the OFT v Foxtons considered
the standard term contract between Foxtons and the Landlord. The
clause which was the typical wording of the clause is set out below. It
must be remembered that since the test case Foxtons have altered their
standard term contracts.
"1.0 Introduction of Tenant
1.1 In the event that
Foxtons
introduces a tenant who enters into an agreement to rent the landlord's property, commission becomes payable to
Foxtons
Ltd. (Please see 6.3 regarding outstanding fees). The commission fee
is payable on or before the commencement of the tenancy and upon any
extension(s), renewal(s) or hold-over(s) thereof, and for any further
periods for which rental income is received (hereafter referred to as
renewal commission, see 2.14 below), whether or not negotiated by
Foxtons
. The scale of commission fees charged is as set out on pages 1 and 2.
1.2 The commission is payable for any tenant introduced to the property by
Foxtons
, whether or not the tenancy is finalised by
Foxtons
.
The commission fee is charged as a percentage of the total rental
value of the agreed term as specified in the tenancy agreement or where
the tenant extends and/or holds over indefinitely, commission will be
payable for the same period as the initial agreement, subject to clause
1.5 below.
….
1.5 If the landlord or tenant terminates the tenancy
agreement prior to the end of the tenancy term, and if in accordance
with any break clause contained in the tenancy agreement at the time the
agreement was executed,
Foxtons
will refund the commission for the remaining period of the tenancy.
The commission will be refunded within 14 days of the tenant vacating
the property."
Are Your Rent Renewal Contracts Similar or With Foxtons?
If so why not contact us to see if you have any right to claim back your
rent renewal fees and commissions plus interest. We have already won
in court on two occasions and we could help you too all under a no win
no fee basis.
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Call 0151 431 0548 / 0800 011 2757
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