Tag Archives: OFT

New CMA Guidance for Lettings Professionals

The Competition and Markets Authority (CMA) which replaced the OFT earlier this year issued on the 13th June 2014 “Guidance for lettings professionals on consumer protection law”. Plainly for anyone involved in the Lettings Industry a must read document! Much of what is included within the guidance is not new. It helpfully pulls together various […]

Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013

As many of you are aware the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 came into force on 13 June 2014 (the Regulations). Rental agreements are specifically excluded so the Regulations do not apply to tenancy agreements but all other contracts are potentially caught. Particularly, the Regulations do apply to lettings and sales […]

Data Protection

We often get asked whether and in what circumstances landlords, tenants, agents and contractors can give out each other’s details of and those of other third parties. The main concern is not to breach the Data Protection Act 1998. Anyone who processes personal information must comply with eight principles of the Data Protection Act, which […]

Whose address? Sections 47 and 48 Revisited

We have heard on the grapevine that some agents are currently being advised that following the Land Tribunal ( Upper Chamber) decisions of Triplerose Ltd v Grantglen and Beitov Properties Ltd v Elliston Martin , they should not use an agent’s office and address as an address for service for the purposes of Sections 47 […]

Lettings Fees in the news

Shelter has stepped up its campaign to make it unlawful for lettings agents to charge any fees at all to tenants. You can read their report here. The average compulsory lettings fee that renters pay to a landlord’s agent in setting up a tenancy is £355.00. The charity would like to see tenants’ costs limited […]

Lettings Fees

The Advertising Standards Authority (ASA) has decided that all charges that will be imposed on a proposed Tenant must be made clear in all advertising of the property prior to the letting. In other words, no hidden fees. This comes after a complaint was made against Your-move.co.uk Ltd ( Your Move) stating that an advert […]

Wood burning stoves and what agents need to know.

Over the past few years wood burners and open fires have come back into vogue. Most people agree that sitting in front of a fire on a cold winter evening is something they like to do. Open fires and wood burning stoves bring there own complications. As part of the structure of the building landlords […]

Why do I need a tenancy agreement?

The simple answer to this question is that for most circumstances you do not strictly need a written agreement however if you don’t this can have unintended consequences! As regular followers of the blog will know the starting point for determining the terms and what you should do in a particular instance is the tenancy […]

Tenants Insurance

We have been contacted by a number of agents with regards to the insurance clauses in their tenancy agreements and in some cases their terms of business. We understand that a well known landlord insurance company is suggesting that some of our clients need to amend their terms of business and tenancy agreements in line […]

OFT evaluates Foxtons!

Not the company but the infamous outcome of the case. On the 19th July the Office of Fair trading released a press release on its evaluation of its consumer enforcement case against Foxtons for breaching the Unfair Terms in Consumer Contracts Regulations 1999 (UTCCRs). In February 2010, the OFT secured an enforcement order from the […]

OFT v Foxtons- The Final Order

The final order in the OFT v Foxtons case is available.

Foxtons Withdraws Appeal

Foxtons have announced that they will not be pursuing their appeal against the decision against them in OFT v Foxtons.

Foxtons to Appeal in OFT case

Well, as we suggested might happen here, Foxtons is going to appeal the decision of the High Court in the light of the Supreme Court ruling in the Bank Charges case. The Times has reported this (slightly badly) here. However, it is questionable whether the implications are as important for other agents as the Times […]

OFT loses in Bank Charges- Implications for Foxtons

The OFT has lost in the Supreme Court in relation to the Bank Charges case. This will have implications for the case of OFT v Foxtons.

OFT v Foxtons Rides Again (Maybe)

The Supreme Court will rule in the OFT v Abbey National case next week. The outcome of this will have an impact on the OFT v Foxtons case.

OFT v Foxtons- Renewal Commissions and Mis-reporting

The Foxtons case has been widely mis-reported

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