Tenant fees
Should you wish to terminate your tenancy before the end of the term and the landlord agrees that
you can terminate early, you will be responsible for the repayment of the pro-rata commission paid
in advance by the landlord for the unexpired portion of the tenancy, unless you are exercising a break
clause which is contained in your tenancy agreement. A charge of £50 inc VAT will be applied for any
contract variation, novation, amendment or change of occupant at the tenant’s request within an existing
tenancy. It is your obligation to obtain written consent from the landlord for any change in the identity of
the tenants. Upon receipt of this consent Foxtons will draw up a Deed of Assignment for signature by all
parties. If any charges remain outstanding at the end of the tenancy, Foxtons will deduct the amount due
from the deposit.
Default fees
Default interest on rent more than 14 days in arrears will be charged at the rate of 3% above Bank of
England base rate for each day of arrears until the arrears are cleared, payment to be made by cleared funds.
A default fee is also payable for lost keys or other respective security devices limited to the actual cost
of replacement.
Renewal of tenancy
Please contact us in advance if you wish to extend your tenancy.
Payment of rent
The first instalment of rent must be paid in cleared funds when you sign the tenancy agreement. Thereafter,
rent is payable by standing order (unless agreed otherwise) to arrive on the due date as stated in the tenancy
agreement. This means that the standing order must be set up so that the funds leave your account three
days before the rent is due. The full rent must be paid by a single standing order, we are unable to accept
multiple standing orders.
Deposit
A deposit equivalent to five weeks’ rent must be paid in cleared funds when you sign the tenancy agreement
and is held by Foxtons as Stakeholder for the duration of the tenancy in accordance with the terms of the
tenancy agreement and where applicable Foxtons will register the deposit monies with a deposit protection
scheme on the landlord’s behalf. Foxtons excludes liability in relation to loss caused by the insolvency of a
financial institution which holds deposits in its contracts with landlords and tenants.
All deposit deductions must be agreed in writing by both landlord and tenant upon the termination of the
tenancy. The tenancy agreement entered into is between the landlord and the tenant and, therefore, the
tenant cannot hold Foxtons liable for any deductions made from the deposit which may fall into dispute.
Any interest earned on the deposit shall be retained by Foxtons.
Zero Deposit Guarantee (Assured Shorthold Tenancies only)
Foxtons uses Global Property Ventures t/a Zero Deposit (‘Zero Deposit’) to provide a deposit replacement
product. Zero Deposit is registered by the FCA (reference number 797026). Zero Deposit’s privacy
policy can be found at www.zerodeposit.com/privacy-notice.pdf. Global Property Ventures is registered
with the Information Commissioners Office under registration number ZA203306. The Zero Deposit
Guarantee is available at the landlord’s discretion, and subject to eligibility. Where you purchase a
Zero Deposit Guarantee it shall be in substitution of a deposit, and will continue for the duration of the
tenancy as long as you maintain the terms of the Zero Deposit Guarantee. In the event of a joint-tenancy
the purchase of a Zero Deposit Guarantee shall only be possible where all joint-tenants unanimously
agree to the purchase. The Zero Deposit Guarantee fee must be paid to Zero Deposit 14 days prior to
the commencement date of the tenancy agreement. You will be subject to the terms and conditions
of the Zero Deposit Guarantee, a copy of which shall be provided to you and is also available at
www.zerodeposit.com. You should read and understand the Zero Deposit Guarantee documentation
carefully. You will be required to pay a fee to Zero Deposit. If you cancel the Zero Deposit Guarantee,
you will immediately be liable to pay a deposit equivalent to five weeks’ rent to be held by Foxtons as a
stakeholder for the duration of the tenancy, and the provisions of the deposit clause above shall apply.
If you fail to meet your obligations under the tenancy, you may be pursued for the landlord’s losses.
You may be liable for costs and/or interest. In administering the Zero Deposit Guarantee Foxtons acts
as an Introducer Appointed Representative of Zero Deposit.
References
We will take up references based on the details that you supply to us. We may instruct an independent
referencing agency on behalf of our landlord to carry out reference checks on you and, where applicable, your
guarantor. This may leave a soft footprint on your credit file. You do not have to take this service from Foxtons.
If you do not want this service, please inform us, however you may have to provide your own references and we
may still verify these on behalf of our landlord. References and any forwarding address may be passed to our
client so that they can make a decision on granting a tenancy and/or exercise their legal rights to recover from
you any unpaid sums or other losses at the end of the tenancy.
Right to Rent
The acceptance of an agreeable offer is subject to you providing in person documentary evidence of your
Right to Rent. It is a condition of the Agreement that all occupants aged 18 and over provide valid Right
to Rent documents before occupying or residing in the property. You will not be permitted to occupy
the property until you have proved your Right to Rent. Information relating to your Right to Rent will be
passed to the landlord and the Home Office if required. If an occupant(s) has a time-limited Right to Rent
follow up checks may require the occupant(s) to repeat the Right to Rent checking process in person to
demonstrate that their visa/right to residency in the UK has been renewed or extended. If an occupant turns
18 years old while occupying the property follow up Right to Rent checks may be required to determine if
their visa/right to residency in the UK is valid.
Check-in and check-out
Foxtons will be instructed by the landlord in relation to arrangements for any inventory and check-in.
The landlord will be responsible for the cost of any inventory check-in and the check-out. As tenant you
agree to indemnify the landlord for any loss incurred by the landlord as a result of failing to keep a previously
agreed appointment with an inventory clerk at the property. We advise you to make yourself available for
the inventory check-in and check-out.
Referral fees
We may receive a Referral Fee if we recommend you to another business. Details of the Referral Fees we receive
are contained in our Referral Fee Disclosure Guide located at www.foxtons.co.uk/i/help/referral_fees.pdf.
Subletting
By completing this form you confirm that you intend to enter into a private residential tenancy in your
name and that you will not (i) sublet the property; (ii) advertise the property on any print or other media,
including (but not limited to) internet-based marketing websites, or other social media or messaging
websites or apps; or (iii) take in paying guests or lodgers; or (iv) assign the tenancy, without the prior written
consent of the landlord.
Management of the property
At the start of the tenancy we will advise you who is responsible for managing the property. This is not
always Foxtons. Where we are not managing the property we cannot authorise any repairs or maintenance
or guarantee the speed at which repairs will be carried out. Where we are managing the property, we may
have to obtain the landlord’s consent before proceeding with a repair. Where we manage a property and
hold keys, we can usually provide access to Foxtons’ contractors (with your permission). However, where we
do not hold keys or the contractor is not willing to collect keys, it is your responsibility to provide access.
Insurance
You should take out a suitable contents insurance policy throughout the tenancy to insure your own
possessions, as such possessions will not be covered by any insurance effected by the landlord.
Utilities
We use a vetted independent partner to switch council tax and utility accounts to and from your name at
the start and end of your tenancy and to appoint a preferred energy provider (OVO Energy Ltd). Unless you
tell us that you do not want to accept this service we will pass your details to our partner for these purposes.
Where you do not accept this service you will be responsible for ensuring that these accounts (and any other
appropriate accounts) are opened in your name at the start of the tenancy and closed at the end of the
tenancy. You remain responsible for all utility and council tax liabilities during your tenancy. Where you fail
to meet these liabilities, your details may be forwarded to your landlord or the relevant utility company for
recovery of any outstanding balances.
Taxation
If you pay rent directly to your landlord’s bank account and your landlord is resident overseas, you will be
responsible for applying the provisions of the HM Revenue and Customs Non- Resident Landlords scheme
for taxing UK rental income and should ask us for advice on this. These provisions do not apply where you
are paying your rent to Foxtons.
Anti-Money Laundering
Foxtons is subject to Anti-Money Laundering laws. As a result we will need to obtain and hold evidence
confirming your identity and proof of your address. We will be unable to proceed with any work on your
behalf until we obtain this from you. Your identity may be subject to an electronic identity check, which may
leave a soft footprint on your credit report. Where appropriate, confirmation of the source or destination of
funds may also be requested. Before the tenancy can proceed you will also need to provide us with a photo
ID in the form of a valid Passport, UK Driving Licence or EEA National ID card (or other suitable document)
and proof of your address.
Data protection and privacy policy
Foxtons complies with all applicable data protection and privacy laws in all our dealings with your
personal data. Please refer to our Privacy Policy and Cookie Policy for full details of how we acquire
and use your personal data and how you can opt out of certain activities. You can find this at
www.foxtons.co.uk/help/termsconditions.html. Please be aware that in the provision of our services,
we may instruct other organisations to process personal data on our behalf and/or share personal
data with law enforcement agencies, which may also involve the transfer of data outside the European
Economic Area.
VAT
All charges levied by Foxtons are subject to VAT at the prevailing rate of 20%.
Consequences of early termination
If you vacate the property prior to the end of the term, you will remain liable to pay rent until the term
expires unless otherwise agreed. The landlord is not required to allow a tenant to end a tenancy early, but
if an agreement is reached to surrender the tenancy the landlord may re-let during the fixed term, in which
case you will also be responsible for an amount equal to any pro-rata commission fees that have been
incurred by the landlord for the unexpired portion of the tenancy and the landlord’s agent’s reasonable
costs incurred in respect of the termination of the tenancy. Where Foxtons is the Letting Agent, this fee
is calculated at 11% + VAT (13.2% inc VAT) of the rent for the fixed term of the tenancy AND if the new
tenancy is for a lesser rent, an amount equal to the difference between the original rent and new lower
rental figure up to the end of the original term. For the avoidance of doubt this clause shall not take effect
where you are operating a break clause within your Tenancy Agreement.
Complaints procedure
If you have any problems with Foxtons’ service and are unable to resolve these with your Negotiator or the
Branch/Department Manager, you can write to the Director for the area/department in question. Your letter
will be acknowledged within three working days of receipt and an investigation undertaken. A formal written
response will be sent to you within fifteen working days. If you remain dissatisfied, you should write to
Foxtons’ Legal & Compliance Department whereupon your complaint will be investigated by a Compliance
Officer. A written statement expressing Foxtons’ final view will be sent to you and will detail any offer
Foxtons is willing to make. The same time limits will apply. This letter will also confirm, where you remain
dissatisfied, your entitlement to refer the matter to The Property Ombudsman (TPO) within twelve months,
for a review. Please note TPO will only review complaints made by consumers.
Client Money Protection Scheme
Foxtons Client Money Protection is provided by Propertymark. The scheme accounting rules, as well as our
conduct and membership rules, can be found on the following link:
www.propertymark.co.uk/media/1045366/conduct-and-membership-rules.pdf.
Foxtons is also a member of safeagent, which ensures we have the necessary protection for monies held
in our client account. For further information please contact us or visit www.safeagents.co.uk/about/.
Amendments
Foxtons reserves the right to change the schedule of fees and these terms of business upon providing
reasonable notice in writing.
