About us
- The Estate Agents Act 1979 introduced a system under which the Office of Fair Trading can prohibit a person from acting as an estate agent where, for example, a person has been convicted of an offence involving fraud or other dishonesty, provided that the OFT is, in addition, satisfied that the person is not fit to carry on estate agency work. It is also possible for the OFT to issue warning orders where, for example, someone has not met their duties under the 1979 Act. A person in receipt of a notice of a prohibition order or a notice of a warning order has a right of appeal. Prior to 1 September 2009, appeals relating to prohibition orders and warning orders made by the Office of Fair Trading under the Estate Agents Act 1979 were to the Secretary of State. There were panels of chairmen and non-judicial members who heard these appeals on behalf of the Secretary of State.
- From 1 September 2009, the functions of the Secretary of State in this respect ceased to exist and were transferred to the First–tier Tribunal. At the same time, the judicial office holders and members of the Estate Agents Appeals Panel became judges and members of the First–tier Tribunal (Estate Agents). The transfer is part of a programme of tribunal reform that began with the establishment of the First–tier Tribunal and Upper Tribunal within the Tribunals Service in November 2008, putting in place a more flexible structure that can accommodate the changing needs of users.
- The First–tier Tribunal deals with appeals across a range of subject areas, grouped together into a series of chambers. Appeals against decisions of the Office of Fair Trading under the Estate Agents Act 1979 are now to the General Regulatory Chamber (GRC) of the First–tier Tribunal. The GRC has its own rules which supersede the rules of the individual tribunals. The Estate Agents (Appeals) Regulations 1981 generally no longer apply from 1 September 2009. The new rules are the Tribunal Procedure (First–tier Tribunal) (General Regulatory Chamber) Rules 2009. Appeals to the Secretary of State under the Estate Agents Act 1979 that were outstanding as at 1 September 2009 have become appeals to the First–tier Tribunal (Estate Agents).
- Onward appeals from the First–tier Tribunal (Estate Agents) to the Upper Tribunal can be made, with permission, on a point of law arising from a decision of the First–tier Tribunal.
- The First–tier Tribunal maintains on its website a register containing details of appeals to the Tribunal and decisions of the Tribunal that dispose of appeals. The Tribunal also publishes on its website a list of forthcoming hearings.
- The decisions of the First–tier Tribunal can be accessed from the separate Decisions page of this website. There are also links to the following:
Register of the First–tier Tribunal (Estate Agents)
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Forthcoming hearings of the First–tier Tribunal (Estate Agents)
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