Lettings case in the High Court
News Category: Legal
Published: 27-Apr-2009
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A High Court case centring on lettings agreements with landlords, which involves Foxtons estate agent and the Office of Fair Trading (OFT), will take place this week.
Earlier this month, the OFT welcomed a Court of Appeal Judgement that there should be an injunction under the Unfair Terms in Consumer Contract Regulations (UTCCRs), preventing the property firm using certain terms during its lettings practices.
In a recent statement, the OFT indicated that it has long held the view that it can take enforcement action under the UTCCRs in order "to protect consumers in relation to both existing and future contracts".
The Court of Appeal rejected Foxtons' arguments that "any injunction on unfair terms could only apply to future contracts, rather than preventing the use or enforcement of unfair terms in existing ones".
The case continues this week, and letting agents following the case may want to consider purchasing letting agency software to ensure they remain legally compliant.
How to stay legally compliant with letting agency software