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XPress release The National Landlords Association (NLA) and the National Federation of Residential Landlords (NFRL), who together represent nearly 20,000 landlords, have announced they are to merge creating the largest representative body for landlords in the United Kingdom. 9th July 2008

Research among the membership of both organisations has indicated the need for a national unified voice for private-residential landlords. Following several months of negotiations between the governing bodies of the NFRL and NLA, this merger rightly reflects landlords' desires that their views are represented with one voice to policy-makers.

The larger NLA, combining the strengths of both organisations, will better represent the needs of all landlords at a time when the private-rented sector faces major challenges. The merger will mean a wider range of products and services being made available to members as well as a significant development of local landlord networks.

David Salusbury, Chairman, NLA, in welcoming the merger, said"The aims and objectives of the NFRL and NLA are very similar. It is these synergies which make the merger an obvious next step for both organisations."

"The newly enlarged NLA, with almost 20,000 paid-up landlord members, is now the pre-eminent voice for the private-rented sector and this will mean increased commercial benefits to our members but also a greater ability to influence policy at all levels. At a time of doom-mongering headlines about the housing market, this merger is good news for the entire private-rented sector."

Barry Markham, Chairman, NFRL, commenting on the newly enlarged NLA, said: "All landlords deserve to have their opinions and views represented clearly. Although the current economic climate provides commercial opportunities for the professional landlord, it remains critical that the NLA continues to lobby Government and highlight the important role that landlords play in providing decent and affordable rental accommodation.

"The NFRL has worked tirelessly to develop an extensive branch network covering the whole country. This enables landlords to feel part of something useful at a local and applied level. With both organisations coming together under the NLA banner, landlords have a representative body that listens and responds and will strive to safeguard their legitimate business interests."

Current members of the NFRL will automatically become members of the NLA. The five existing directors at the NLA will remain in place but will be augmented by two former NFRL directors. One of the new NLA directors, Barry Markham (former NFRL Chairman), will become a Vice Chairman of the NLA.

XPress release NLA claims a victory for landlords on unfair renewal fees by letting agents 26 February 2008

The National Landlords Association (NLA), which represents almost 14,000 landlords, has welcomed the decision by the Office of Fair Trading to issue High Court proceedings against a major High Street letting agent

The NLA has received vast amounts of correspondence supporting its recent campaign against these extortionate renewal fees, including from landlords who are being sued by letting agents for refusing to pay-up.

Currently, many landlords in London and the South East who have been managing a property on their own and who simply want to renew the tenancy agreement for a further 12 months, can expect to pay 10% or 11% of the annual rent as a renewal commission to the letting agent. For many properties in the region, this could be a figure running into thousands.

John Socha, Vice Chairman, NLA, in welcoming this announcement said: "The NLA has been pivotal at encouraging landlords to come forward and complain about these ‘money for nothing’ fees which seem to have become the norm in London and the surrounding region.

"We very much welcome the OFT’s decision to seek an injunction in this case and hope this sends out a signal that this fee, where the agent has done nothing to earn it, is unwarranted and unfair and should be abolished as soon as possible."

Most letting agents in other parts of the UK charge a small administration fee for a ‘let only’ renewal. This covers contacting the tenant, negotiating the length and level of the tenancy along with signing the renewal and returning completed paperwork. This often costs less than £95 plus VAT.

Notes: The National Landlords Association (NLA) exists to protect and promote the interests of private residential landlords. With almost 14,000 individual landlords from around the United Kingdom and over 80 local authority associates, it provides a comprehensive range of benefits and services to its members and strives to raise standards in rented accommodation. The NLA seeks to safeguard landlords’ legitimate interests by making their collective voice heard by local and central government and the media. The NLA seeks a fair legislative and regulatory environment for the private-rented sector while aiming to ensure that landlords are aware of their statutory rights and responsibilities.

Press releases 2008

OFT seeks court order against letting agent Foxtons

28/08 25 February 2008

The OFT has issued High Court proceedings against Foxtons Limited seeking a declaration on the application of the Unfair Terms in Consumer Contract Regulations 1999 (UTCCRs) to certain terms in Foxtons' lettings agreements with landlords. The OFT is also seeking an injunction against Foxtons preventing it from using the terms.

The action taken by the OFT is in response to consumer complaints. If successful in this case the OFT intends to enforce compliance with the law, as declared by the Court, throughout the letting industry wherever similar terms are being used.

The terms to which the OFT objects in Foxtons' letting agreements can potentially require landlords to pay Foxtons substantial sums in commission, where a tenant continues to occupy the landlord's property after the initial fixed period of the tenancy has expired - even if Foxtons plays no part in persuading the tenant to stay, and no longer collects the rent or manages the property. Foxtons' terms can also require the landlord to pay these sums after the landlord has sold the property. The terms also demand commission where the landlord sells the property to the tenant, even where Foxtons has played no part in negotiating that sale.

Foxtons contends that its agreements with landlords are not unfair and continues to use these terms, and accordingly, the OFT has issued proceedings so the courts can decide the matter.

NOTES

1. The OFT is seeking an enforcement order against Foxtons Limited under the Unfair Terms in Consumer Contracts Regulations 1999 (UTCCRs).

2. The UTCCRs apply to standard contract terms with consumers. The UTCCRs protect consumers against unfair standard terms in contracts they make with traders. The OFT, and certain other qualifying bodies (such as local authority trading standards, national regulatory bodies, and Which?) can take legal action to prevent the use of potentially unfair terms. A term is likely to be considered unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations under the contract, to the detriment of consumers. The regulations say that a consumer is not bound by a standard term in a contract with a trader if that term is unfair. Ultimately, only a court can decide whether a term is unfair.

3. It is estimated in the lettings industry that there are at least 15,000 letting agency businesses in the UK, including a number of national and multi-national companies in addition to many smaller businesses.

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