Comments on: OFT preliminary success in Foxtons unfair terms case

By: Novice guide to court hearings « FreeLegalWeb

Novice guide to court hearings « FreeLegalWeb — Fri, 09 Jul 2010 16:08:04 +0000

[...] Hearings leading up to the trial are often known (to lawyers) as interlocutory hearings. In large complex cases, these can be long and complex, and the decisions made can be very significant (for example see this report of a hearing in the Foxtons litigation). [...]

By: Anonymous

Anonymous — Tue, 21 Jul 2009 18:13:20 +0000

I am about to become a first-time landlord and want to enter into an agreement with a letting agency (large national chain) whose terms for renewal of a tenancy with an existing tenant(11%) and sale to a sitting tenant (2.5%) are identical to Foxtons (although clearly expressed in the contract). Should I try to renegotiate different rates for these two aspects of the contract? If so, what would a fair percentage be considered to be?

By: Tessa

Tessa — Tue, 16 Jun 2009 11:53:48 +0000

Guidford landlord – we don't have the decision yet, I will do a posting on this once the decision is out.

Anonomous – not all landlords are acting in the course of a business. If they let just one or two houses with their main income from elsewhere, they will probably count as a consumer. However if they have a large portfolio and landlording is the main income, it is different.

By: Anonymous

Anonymous — Tue, 16 Jun 2009 11:31:05 +0000

What I'm surpised about, is that this is being taken under the Unfair Terms in Consumer Contracts Regulations. Surely landlords are acting as a business, and so have no protection under these regulations.

By: Guildford landlord

Guildford landlord — Thu, 16 Apr 2009 10:25:00 +0000

Hi Tessa,
do we have any details on just how the OFT deem the Foxton’s contracts to be unfair? I am currently being taken to court by a letting agent in Guildford for not paying him renewal commission for work he has not done. I believe the contract I signed with him (identical to the Foxtons one) is unfair but am not sure under which parts of the UTCCR law they might be deemed unfair.