000 01964cad a22002295a 4500
001 L147997
008 090713e20090710xxk f v 000 0 eng d
035 _a(Sirsi) u147997
041 0 _aeng
245 0 4 _aThe Office of Fair Trading v Foxtons Limited
_h[electronic resource]
260 _c2009
520 _a[2009] EWHC 1681 (Ch), 10 July 2009. The case relates to unfair terms in contracts under the Unfair Terms in Consumer Contracts Regulations 1999. The estate and letting agent Foxtons (F) provided the service of letting agents to various landlords under standard form terms of agreement. Several terms in the standard forms are considered to be unfair by the Office of Fair Trading and relief is claimed in respect of two contracts. As F stopped using some of these terms just before the hearing, the judge had to decide if the old terms were fair and address questions arising in relation to the new terms. The judge also had to determine the appropriate form of relief to apply. "Held": The renewal commission element of Foxtons' old terms and new terms is unfair as it is not made clear to the landlord at the time of signing the initial contract. The third party renewal commission terms present in the old terms are unfair. The sales commission clause is unfair. All provisions are unfair for the purposes of the Regulations. There will be further debate concerning the relief to be granted and a further hearing if the parties cannot agree on the point.
590 _aKA NTK
650 2 4 _aOFFICE OF FAIR TRADING V FOXTONS LTD
650 2 4 _aDIRECTOR OF FAIR TRADING V FIRST NATIONAL BANK PLC
650 2 4 _aUNFAIR TERMS IN CONSUMER CONTRACTS REGULATIONS 1999
651 4 _aEngland and Wales
_y1543-
690 _aMANAGEMENT-PROJECT MANAGEMENT-CONTRACT ADMINISTRATION
690 _aLandlord and tenant
_96252
856 4 0 _uhttps://www.bailii.org/ew/cases/EWHC/Ch/2009/1681.html
_zView the case free of charge at www.bailli.org...
942 _n0
999 _c81698
_d81698