The estate agency regulator has said it is considering its options after a High Court judgement ruled against it.
London estate agents Christian and Angie Littlewood, who both have criminal records for insider dealing, were told last December that the regulator proposed banning them from the industry.
The pair were unhappy that they could only make representations to an investigator at the National Trading Standards Estate Agency Team and not to the adjudicator making the final decision.
The judge agreed with the couple, ruling that NTSEAT’s procedure was “unlawful”.
Yesterday, after a request from EYE for a statement, NTSEAT said: “The High Court last week handed down a judgement of a judicial review brought by Mr and Mrs Littlewood against the National Trading Standards Estate Agency Team (NTSEAT) hosted by Powys County Council.
“Mr and Mrs Littlewood’s fitness to engage in estate agency work is being investigated by NTSEAT and the Littlewoods had claimed that the adjudication process used by the Team was unfair.
“The judge, Mr Justice Holman, in the High Court decided that the Team’s procedures should be changed to allow an adjudicator to be present when representations are heard.”
The statement went on to quote James Munro, NTSEAT team leader, who said: “Our procedures were designed to reflect the different environment in which we operated, in contrast to that of the Office of Fair Trading who previously carried out this role.
“However, we are considering all our options following the judgement handed down by the High Court last week.”
After a competitive tender, Powys County Council, in conjunction with Anglesey Council, became responsible for the regulation of UK estate agents after the OFT was abolished on April 1 last year.
EYE has asked for clarification as to what Anglesey’s role is now.
A damning indictment of our Government’s abilities to legislate on anything.
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As much as i personally think it would not be right for them to carry on in our industry i think this is the right decision.
Banning people when no law or rule is in place is just dangerous, where does it stop?
Maybe the rules and laws need changing to take account of this.
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