Disputing Agents Renewal Commissions

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S
Silversurfer 2015
40 Posts
6 Thanks
Has anyone who has paid renewal fees and commission for at least 2 years challenged their agent? I don't mean just on badly worded/unfair terms successfully challenged in the OFT v Foxtons High Court case in 2009 but also because of what happenned subsequently. In February 2010 Foxtons withdrew their appeal to the Court of Appeal after, in effect, having done a deal with the OFT. Clauses 2 and 3 were removed from Foxtons T&C and clause 1 dealing with renewal fees was substantially revised being in future only chargeable for 2 years after the initial fixed period. I wish I knew how to insert a hyperlink on this forum but if you Google "Foxtons Commission Fees" you will find the following -
"Renewal Commission will be charged in advance and will only be payable for the first two years' of Renewals. After the initial period of tenancy and two years of Renewals, Foxtons obligations under this agreement will cease. Foxtons will offer you the opportunity of continuing to receive the benefit of Foxtons' services. This period wil be referred to as the 'Continuation Period'"
This wording is still a bit 'naughty'. To clarify it should say "Both the Landlord's and Foxtons obligations under this agreement will cease. The 'Continuation Period' is optional"
I am no lawyer but I think if such a case went to court I would think it would be very difficult for another agent to charge for more than two years renewal commission especially if they were just providing a very basic rent collection service.
07/05/2015 06:39

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