The Secretary of State for Trade and Industry has a quasi-judicial role in relation to appeals under the Estate Agents Act. Such appeals can be brought against decisions of the Office of Fair Trading (OFT) that a person should be prohibited from estate agency work. 

Appeals to the Secretary of State are heard on her 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 she will;

• save in exceptional cases, follow the recommendations of the panel.

• 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.

Guidance Material

An on-line version of our guide to the appeal process under the Estate Agents Act can be found by clicking on the link below. A copy of the relevant guide is sent by the OFT to those who can appeal.

Estate Agents Act Appeal Process Guide.
Order a printed copy.

Current and Recent Appeals 

The majority of our hearings are open to the public and notices giving the time and place of the hearing are published in newspapers local to the appellant. When an appeal is concluded, the outcome is also usually published in a local newspaper.

Recent and forthcoming public hearings

The outcome of recent public appeal hearings within the last six months.

Contact

 

Appeals Secretariat	Brian Swift	020 7215 3089
Fax		020 7215 3466
Address	Appeals Secretariat Legal Services Department Bay 508 Department of Trade and Industry 1 Victoria Street London SWIH 0ET