An agent alleged to have hung on to deposits and rents could face jail for contempt of court if he fails to obey an enforcement order made under the Consumer Protection from Unfair Trading Regulations 2008 (CPRs).

The order will apply to any future businesses he sets up.

The order, successfully sought by Islington Trading Standards in the Central London county court, is in respect of DP Homes, trading as David Philips Estate Agents, headed by David Copestake.

The order spells out that the defendants must refrain from various activities, including:

• Giving false information about tenancy deposits being secured in recognised schemes
• Giving false information that tenancy deposits are secured
• Falsely stating that rental agreements are legally approved when they are not
• Failing to secure tenancy deposits in approved schemes
• Failing to return deposits to tenants within a reasonable time
• Failing to pay rent due to landlords within a reasonable time

In addition, under the Companies (Trading Disclosures) Regulations 2008, the order says the company has failed to display on its business premises, business documents and websites its registered name, number and registered office address.

The order also says that the costs of the application were to have been paid within 14 days, costing £6,542.

Unusually, the order also lays down that the defendants must publish within 21 days on their website www.davidphilips.co.uk and on any alternative website or future businesses, a consumer notice.

This notice, says the order, should be in prominent font on every page of the website and contain a link to the web page setting out the enforcement order.

The wording must say:

“David Philips Estate Agents and its Director David Copestake are subject to an Enforcement Order granted at the Central London County Court on 13^th June 2014. Please see the link below for further details.”

No such notice appears on the David Philips website, which does, however, stress that it is registered with the Property Ombudsman.

While the court order was made two months ago and the website is still visible, Eye was unable to reach any of the three David Philips branches listed on the website in Highbury, Stroud Green and Crouch End.

According to a spokesperson at Islington Council, the firm may no longer be trading in the council’s area.

The spokesman said: “It is believed that both Mr Copestake and DP Homes Ltd no longer operate from any premises in Islington, but the order will apply to any future businesses run by Mr Copestake.”

Islington Council also says that written assurances given by the firm prior to the court order had been ignored.

There are damning reports of the company on allAgents, which rank it at 12,603 out of 12,637 agents in the UK.

According to website Companycheck, David Philip Copestake (Stroud Green) Ltd, and David Philip Copestake (Highbury) Ltd are in liquidation, and DP Homes Ltd is non trading.

http://companycheck.co.uk/director/908750188

The court order can be found at the bottom of this link, just above ‘Related documents’:

http://www.islington.gov.uk/services/business-licensing/regulations/trading_standards/trading_standards_advice/Pages/Letting-and-Property-Managing-Agents.aspx