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> <channel><title>Comments on: Foxtons&#039; terms unfair</title> <atom:link href="http://nearlylegal.co.uk/blog/2009/07/foxtons-terms-unfair/feed/" rel="self" type="application/rss+xml" /><link>http://nearlylegal.co.uk/blog/2009/07/foxtons-terms-unfair/</link> <description>Housing law news and comment</description> <lastBuildDate>Wed, 23 May 2012 13:10:25 +0000</lastBuildDate> <sy:updatePeriod>hourly</sy:updatePeriod> <sy:updateFrequency>1</sy:updateFrequency> <generator>http://wordpress.org/?v=</generator> <item><title>By: Jim</title><link>http://nearlylegal.co.uk/blog/2009/07/foxtons-terms-unfair/#comment-412</link> <dc:creator>Jim</dc:creator> <pubDate>Sun, 19 Jul 2009 13:18:52 +0000</pubDate> <guid
isPermaLink="false">http://nearlylegal.co.uk/blog/?p=1953#comment-412</guid> <description>This link to Landlord Law Blog casts a cloud and shows what agents are doing to offset the effect of OFT v Foxtons.
http://landlordlaw.blogspot.com/2009/07/letting-agents-instead-of-renewal-fees.html
Apparently, they are doing their utmost to persuade tenants to leave at the end of fixed terms, regardless of the landlord&#039;s wishes and the alternative of the tenancy continuing in statutory periodic form. This is often preferable for all parties except the agents, who stand to collect additional fees for introducing a new tenant.
Whilst Landlord Law Blog is right to say this is a breach of the agent&#039;s fudiciary duty and hope it will be challenged as soon as possible, such a challenge is likely to depend on evidence from a departed tenant and, at best, there will be some time to wait before one emerges.
Meantime, the practice will inevitably promote increased &quot;churn&quot; in private rented housing and all &quot;churn&quot; results in spillage -people who cannot replace what they&#039;ve lost for one reason or another and become homeless.</description> <content:encoded><![CDATA[<p>This link to Landlord Law Blog casts a cloud and shows what agents are doing to offset the effect of OFT v Foxtons.</p><p><a
href="http://landlordlaw.blogspot.com/2009/07/letting-agents-instead-of-renewal-fees.html" rel="nofollow">http://landlordlaw.blogspot.com/2009/07/letting-agents-instead-of-renewal-fees.html</a></p><p>Apparently, they are doing their utmost to persuade tenants to leave at the end of fixed terms, regardless of the landlord&#8217;s wishes and the alternative of the tenancy continuing in statutory periodic form. This is often preferable for all parties except the agents, who stand to collect additional fees for introducing a new tenant.</p><p>Whilst Landlord Law Blog is right to say this is a breach of the agent&#8217;s fudiciary duty and hope it will be challenged as soon as possible, such a challenge is likely to depend on evidence from a departed tenant and, at best, there will be some time to wait before one emerges.</p><p>Meantime, the practice will inevitably promote increased &#8220;churn&#8221; in private rented housing and all &#8220;churn&#8221; results in spillage -people who cannot replace what they&#8217;ve lost for one reason or another and become homeless.</p> ]]></content:encoded> </item> <item><title>By: S</title><link>http://nearlylegal.co.uk/blog/2009/07/foxtons-terms-unfair/#comment-411</link> <dc:creator>S</dc:creator> <pubDate>Wed, 15 Jul 2009 08:55:05 +0000</pubDate> <guid
isPermaLink="false">http://nearlylegal.co.uk/blog/?p=1953#comment-411</guid> <description>On the other side of the fence I&#039;ve always thought that the &quot;administration fee&quot; demanded by letting agents from tenants for entering into a tenancy agreement or a renewal were unfair within the meaning of the Act.
I knew it was widespread, but hadn&#039;t appreciated it was this widespread: out of 424 letting agents asked 94% of those levied such charges:
http://www.citizensadvice.org.uk/let_down</description> <content:encoded><![CDATA[<p>On the other side of the fence I&#8217;ve always thought that the &#8220;administration fee&#8221; demanded by letting agents from tenants for entering into a tenancy agreement or a renewal were unfair within the meaning of the Act.</p><p>I knew it was widespread, but hadn&#8217;t appreciated it was this widespread: out of 424 letting agents asked 94% of those levied such charges:</p><p><a
href="http://www.citizensadvice.org.uk/let_down" rel="nofollow">http://www.citizensadvice.org.uk/let_down</a></p> ]]></content:encoded> </item> </channel> </rss>
