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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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This agent is charging me 3%+VAT of the annual rent every year

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This agent is charging me 3%+VAT of the annual rent every year for doing nothing as the tenancy with my tenant is running on a perodic basis. I have had a look at the cotract and it states that I have signed a tenant find service.
The thing is that I only appointed this Estate agent to renegotiate the monthly rental amount with my existing tenant which I had in the property, so I believe what I have signed would not be relevant. As well as that there is no termination or cancellation in the agreement so it seems they want me to pay 3%+VAT forever. I just need someone to go over the agreement to see where I stand, last year they did absolutely nothing, so I do not see why they should be paid a commission.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.Does the agreement say you are charged on tenancy renewal please?Alex
Customer: replied 1 year ago.
I have attached the agent T&C's to this email. To the best of my knowledge there is no termination or cancellation written in the contract, so I would see this as unfair, also they have not done anything to earn there commission. There was a similar case agaigt Foxton and the landlord won the case
Expert:  Ash replied 1 year ago.
I can review it but it's quite long and detailed. So would be a small extra charge if that is ok
Customer: replied 1 year ago.
Yes Thats fine
Expert:  Ash replied 1 year ago.
Ok. Could I ask you to accept the request so I can start reviewing please?
Ash and 2 other Law Specialists are ready to help you
Expert:  Ash replied 1 year ago.
Thanks. It's bad news I am afraid, the terms do say that they are entitled to charge three per cent year on year. However you are right in that this is a Foxtons case, what exactly are they doing - nothing at all for their 3%You can argue that the terms are unfair as per regulation 5'of the unfair terms in consumer contract regulations 1999 which states 5.—(1) A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer.(2) A term shall always be regarded as not having been individually negotiated where it has been drafted in advance and the consumer has therefore not been able to influence the substance of the term.(3) Notwithstanding that a specific term or certain aspects of it in a contract has been individually negotiated, these Regulations shall apply to the rest of a contract if an overall assessment of it indicates that it is a pre-formulated standard contract.(4) It shall be for any seller or supplier who claims that a term was individually negotiated to show that it was.(5) Schedule 2 to these Regulations contains an indicative and non-exhaustive list of the terms which may be regarded as unfair. Therefore I would argue it's unfair and can't be enforced.mif it's below £10,000 then it's a small claim and they can't add legal fees etc.Can I clairfy anything for you about this today please?Alex

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