Tag Archives: Unfair Terms
From 27 May 2015 there will be a statutory duty on lettings agents in England to publicise the fees they charge. What needs doing? Agents need to display prominently in each office and on the agent’s website ( if there is one): A list of fees. The list must give enough information so that a […]
FHR European Ventures LLP and others (Respondents) v Cedar Capital Partners LLC (Appellant)  UKSC 45 It is a well-known principle that an agent must account to his principal, and that an agent who holds or receives money on behalf of his prinicipal is bound to pay over or account for that money. If […]
The Anti-Social Behaviour Crime and Policing Act 2014 (the Act) was given royal assent in March 2014. It amends the Housing Act 1988 to include a new mandatory grounds for possession based on anti-social behaviour. Sections 97 to 100 ( in Part 5) of the Act deal with the new grounds for possession relating to […]
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 […]
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 […]
The OFT last week announced that it intends to launch a market study into the residential property management field for leasehold property in England and Wales. Ahead of the study the OFT has invited interested persons to tell them about what areas they should be concerned about. Their Press Release sets out what areas the […]
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 […]
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 […]
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 […]
Just a reminder to everyone in the Rental Industry that the Communities and Local Government Select Committee is currently conducting an enquiry into the private rented sector. Submissions have been invited from any interested party dealing with the private rented sector. Submissions should be emailed to email@example.com by 17th January 2012. In particular submissions are […]
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 […]
A survey of tenants experience…… Resolution Foundation, an organisation that works to highlight the experiences of low-to-middle earners (LMEs) through its research has published a report on its survey of tenants experience in the private rented sector. Resolution Foundation conducted I mystery shopping exercise of 25 letting agents and also spoke to tenants about their […]
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 […]
An interesting case has come before a County Court relating to renewal commission charged by a lettings agent.
There has been a lot of discussion about the possibility of recovering monies from agents who have sought renewal fees which have been found to be unfair. This is easier said than done.
The final order in the OFT v Foxtons case is available.