I listed my flat at openrent after finished contract. it was the same tenants get it from openrent. Now, the agent Foxton say there is the same tenant and they can continue

Landlord Discussion Legal
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Hi,

Any landlords have experienced this? I had enough with Foxton then I decided to go for openrent for higher rent and better control. The terminated tenancy was completed with Foxton and tenants on Sep 2023. Then I listed it on openrent. It turned out that the same tenants requested a holding deposit and rent since they looked around my flat is the best value.

Now, in April 2024, Foxton came back and said the same tenants and the contract continued…What is wrong with them? I finished with them back in 2023. I listed on the open market and it happened to be the same tenants. It is not my fault and they just found a tenant once. They do not own them. especially, after termination.

Can anyone advice?

Thanks
Leo

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Your contract witj Foxtons will say as long as the tenant stays the same they get their cut ( whatever it was eg rent collection or management ) so they are probably right .

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This is a standard term in the agency contract. You will have to pay an exit fee.

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I’m confused
Did the tenants vacate the property and then relet at a different point ?
Or did they stay on and you just wrote a new AST?

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I’ve only ever used agents with contracts that don’t have such a term.

To the OP: what is the exact wording of the relevant termination clause in your contract with Foxtons? Please quote it here for us.

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Ask for a copy of the contract you signed with Foxtons, then read it. I’m sure you will find your answer.

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I don’t know an agent who does not have these terms. Have you thoroughly gone through Foxtons paperwork you signed up with? I ask because it’s Foxtons. I would be gob-smacked if they didn’t have their ducks in a row.

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heh… three agents, two up north and one in London, one a national company. They’re out there… or at least they were in 2019 which was the last time I had to use an agent.

BTW, one of them had the clause and I asked them to remove it which they did. I guess having a number of properties gives you some leverage.

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There was a case against Foxtons and while it was some time ago, it makes for interesting reading. OFT v Foxtons case summary of posts » The Landlord Law Blog that could prove helpful.