Do I have any redress? Foxtons Take Commission in advance and Do not Fulfill Contract -

Have you got the contract details? IS there anything about early early termination or guaranteed tenancy (or not ) etc. We need to know more to understand the paper you signed - that is what governs (to a point) what your rights are.

 Of ocurse if their contract is just unreasonable then it may not be enforcable.

 Tell us more!

 ps - does anyone have the d=standard foxtons tenancy contract. This smacks of a gung-ho sales tactic to me.

The tenants deposit can be given over to you as reimbursment for any fees that you have paid, if this is not enough, I would sugest being ultra nice to them and suggest remarketing the property through Foxtons and ask if you can be refunded on the comissions for the old tenancy.. Ultimatley I am sure they would rather see you return to them year after year rather than never use them again. However, it is really down to the tenant to cough up.

Yes, legally, you can get your money back.

I had the EXACTLY same problem, but it took me a few months to get my cash back.

Take it to the top (DONT DEAL WITH THE MINNOWS)

1) File the complaint to the OEA. 

2) Send an email to Nic Budden and Michael Brown (Foxtons)

... you'll get your cash back in no time.

 

I just rented my place out to a ludlow Thompson tenant.  They wanted their comm over a 3 month period.  You can negotiate.  I told them take it over a year.  They said no so we agreed on 6 months.  Up front is outragious!  who would run with that deal?  If he tenant defaults the agent  doesnt care when they have all thier money.    

I was under the impression we could do nothing, except try and get money back, through the courts, from our tenants (but they've done a runner anyway, making a bad situation worse). With 19 months of waster lettings fees and rent owed by the tenants we're out of pocket by £9k, which we certainly can't afford.

 Very interesting to hear what the log titled 'Persevere' says.  I'm going to try it. Good luck with your case!

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Hi i cannot find the OEA - is the same as the property obudsman?  

I had a tenant they were trying to push for a 2 year contract as this was 'now the norm'.  I resisted and insisted on a 6-month break clause in a one year contract. I had to pay up the 12 month commission up front however.  The tenant invoked the 6 month break clause and I requested refund of 50% of the 12 month commission I had paid.  I was refunded but not the full amount and although it's not very much I am insisting on an explanation for this with absolutely zero response.  I am going to persevere aswell.  It is hard and very time consuming though.

hi, if this helps, I have a copy of Foxton's conditions and clause 1.1.5 states :-

'If the tenant terminates the tenancy agreement prior to the end of the tenancy term and the tenat vacates the property, Foxtons will refund the commission for the remaining of the tenancy to the landlord to the extent that this is not recoverable from the tenants deposit.'

Clause 1.1.6 states:

'If the tenancy agreement is terminated in accordance with a break clause, Foxtons will refund any commission already received for the remaining period of the tenancy.'

Clause 1.2.5 covers renewals..

'If the tenant vacates the property more than one month prior to the end of the period for which renewal commission has been paid in accordance with clause 1.2.4 above, Foxtons will refund the commission for the remaininng period. The commission will be refunded within 14 days of the tenant vacating the property.'

for completeness, clause 1.2.4 reads..

'The renewal commission fee is charged as a percentage of the total rental value of the agreed term of the renewal, extension, hold-over or new agreement, or where the tenat extends and/or holds over indefinately, commission will be payable for the same period as the initial agreement, subject to clause 1.2.5 below...'

 

These clauses are from Foxtons terms and conditions V16/09/09. I will try to save a copy of the full terms and conditions on this site for future reference.

Rarely do either tenants or landlords want longer leases (2-5 years).  It is not in the interest of either party.  Foxtons regularly plays one side against the other saying each wants a longer lease.  The only one it benefits is Foxtons who get commission up front for the whole term.  If you are a tenant or a landlord, think twice when you hear "the tenant/landlord will only agree to a longer AST."  It is a dodgy Foxtons trick.