long-term tenants

G_M

If that clause was in the intro, rather than buried in the small print, you may be bound by it. Or you may be lucky....

The 2009 "Foxtons" case found in favour of the OFT who had argued that renewal fees that were 'not transparant' were unfair and unenforcible.

The court agreed. As this was the High Court, County Courts are bound to follow the decision.

Googe "foxtons OFT " for lots of reports.

The ruling and order prohibit the use of sales commission and third party renewal commission in Foxton's letting contract, and require that where renewal commission is to be charged, it must be clearly brought to the consumer's attention - both in terms of the liability to pay it, the circumstances in which it will be payable, and the amount or rate at which it will be charged.

From OFT here.

See FAQs here

mandm65

G_M wrote: »

If that clause was in the intro, rather than buried in the small print, you may be bound by it. Or you may be lucky....

Right above statement left me in a limbo, if i am bound by it then how can i un-bound myself, afterall i cannot stay with them forever?
If i am lucky then how do take my luck forward :-).
Cheers

G_M

Read up on the OFT ruling in detail and see if it covers your own situation.

Speak to the OFT, or Trading Standards to see if the ruling covers your own situation.

Get legal advice to see if the ruling covers your own situation.

If you sign a contract, which clearly spells out the terms of that contract, you must abide by the terms.

Unless the law says those terms are unfair. (Hence my suggestions above.)

Of course the other option is as I suggested in post 16: "possession is 9/10th of the law..."

Given there may be a certain degree of uncertainty in the validity of the clause, will THEY take the chance of suing YOU if you simply give formal notice, pay their fee for the notice period, quote the case law at them, and then withold further payment?

slopemaster

GM, thanks so much for those links.

I have a good tenant who may want to stay long term - and I have a contract with the agent which has one of these terms in it, saying i have to continue paying 12% even if i no longer want them to manage it, because they originally introduced the tenant. i thought I was stuck with it, but reading that info i think there's a v good chance it's an unenforceable term.
It's not flagged in any of their brochures etc; it's 'hidden' on p 13 or so of the conditions of contract.

So, that has given me food for thought - and cheered me up!

mandm65

G_M wrote: »

do it face to face, not phone(NOT text!). Ring and ask topop round for tea and a chat (but again, reassure them nothing amiss...!). Take a cake with you!

Did the above, minus the cake :-), during the conversation they also expressed their niggles with the LA so i did not need to do any convincing :-). The also suggested that they can ask the LA for the returned deposit, i thought it would be best if i ask the LA for returned deposit?
Now i need to wait for this months rent to come in and then will send the letter to the LA, should I serve 2 months notice or one month?
cheers

mart.vader

mandm65 wrote: »

Right above statement left me in a limbo, if i am bound by it then how can i un-bound myself, afterall i cannot stay with them forever?
If i am lucky then how do take my luck forward :-).
Cheers

I hope you're right, but see my previous posting on this. >

https://forums.moneysavingexpert.com/discussion/comment/58996495#Comment_58996495