Estate Agents Act Appeals
Under the Estate Agents Act 1979, the Office of Fair Trading (OFT) can make an order prohibiting a person from acting as an estate agent when, for example, they have been convicted of an offence involving fraud or dishonesty, or they have engaged in a practice which has been declared undesirable by the Secretary of State, and, in addition, the OFT is satisfied that the person is unfit to continue in estate agency work. The OFT may also issue warning orders where, for example, someone has not met their duties under the Act.
If you receive a Notice of Decision relating to a Prohibition or Warning Order you have a right of appeal under section 7 of the Act to the Secretary of State for Business, Enterprise and Regulatory Reform (BERR).
Appeals to the Secretary of State are heard on his behalf by a panel of independent persons appointed by the Secretary of State for that purpose. Both the OFT and the appellant can argue their case before the panel which then makes a report to the Secretary of State. The report includes the recommendations of the panel on whether the appeal should be allowed or dismissed.
It is the Secretary of State’s policy that he will, save in exceptional cases, follow the recommendations of the panel and will not depart from the panel’s recommendations without first having invited the parties to make representations.
Exceptional cases would include where the Secretary of State considers that the panel is wrong in law or where new evidence comes to light after the hearing including evidence that the panel was misled.
Decisions on appeals to the Secretary of State under section 7 of the Estate Agents Act 1979 are made by the Secretary of State for Business, Enterprise & Regulatory Reform (BERR).
Hearings of appeals are generally open to the public and notices giving the time and place of public hearing are published in newspapers local to the appellant and on this website. When an appeal is concluded, the outcome is also usually published in a local newspaper and on this website.
Forthcoming and recent public hearings and the outcome of appeals decided in the last six months are also listed on our web pages (follow links in the menu on the left).
The administration of appeals to the Secretary of State is the responsibility of the Appeals Secretariat within the Tribunals Service.
Contact details are:
Estate Agents Appeals Panel
Tribunals Service
15 - 19 Bedford Avenue
London
WC1B 3AS
Telephone: 020 7612 9700
Fax: 020 7436 4151
Email: eaap@tribunals.gsi.gov.uk
An explanatory leaflet on the Estate Agents Appeals Panel is available from the Tribunal Service website (follow link on right).