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Trading Standards Investigations into Lettings Agents and Property Managers

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Dear Enfield Council,

Would you please supply the following information under the Freedom of Information Act.

The number of trading standards investigations carried out in relation to letting agents and property management companies in the past 5 years. If the number of investigations is less than 15, please extend the period to 10 years.

With the data please expand using the following criteria:

What was the exact nature of those investigations and outcome on a case by case basis and who were the alleged offending agents involved in those cases. With this in mind please clarify the investigations using the following format taking note of the examples.

Date: xx/xxxx
Company: ABC Agents
Offence/s: Breach of section xx of xxxx Act /Reg xxxx
Nature of Offence: Misleading action/Omission/Money Laundering/Failure to Register for Redress Scheme
Action Taken: Warning Issued/Court Proceedings Taken (Outcome)/ Referred to Police/SFO/CMA/ Or Relevant comment

Date: xx/xxxx
Company: (Under Investigation)
Offence/s: Breach of section xx of xxxx Act /Reg xxxx
Nature of Offence: Misleading action/Omission/Money Laundering/Failure to Register for Redress Scheme
Action Taken: Under Investigation/Proceeding With Court Case/Referred to Police/SFO/CMA/Or Relevant Comment

It is understood that disclosure of any company’s details is not covered by the DPA and therefore cannot be withheld unless there is a current ongoing investigation against the company. In stating this exception only applies to ongoing investigations and does not preclude the company being named relating to previous investigations. If there is an ongoing investigation then please indicate the investigation and omit the company’s name.

Finally, the release of this information is in the public interest and appreciate your cooperation in this matter.

Yours sincerely,

M Doyle

complaintsandinformation, Enfield Council

Thank you for your email.

We will respond as soon as possible.

Regards,

Complaints and Access to Information Team,
Enfield Council.

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Gerry Hearne, Enfield Council

1 Attachment

Dear Mr/Ms M Doyle

 

Thank you for your email dated the 3^rd of November 2017 where you
requested information about Trading Standards investigations in to letting
agents and property management businesses.

 

Here is the information that you requested:

 

Trading Standards have prosecuted a number of Letting Agents and Property
Management Companies as detailed below:

 

o Date: 5/7/2011

Trader details: Taren Lamba trading as Smart Move 

Details of case: Not displaying business names on premises and
irregularities in passing on monies to landlords.

Action taken: Prosecuted for Companies Act offence – guilty fined £400
Fraud Act offences found not guilty

 

o Date: 22/2/2008

Trader details: The Property Bureau Ltd and directors Michael Gill and
Tracey Tyler

Details of case: Failure to put tenant deposits into authorised schemes,
not forwarding rent from tenants to landlords, false claim re membership
of UKALA

Action taken: Enterprise Act Undertaking to the Court 

 

 

The remainder of the information that you requested is subject to Section
30 of the Freedom of Information Act, and as such, details of the
investigation are given but the trader details have been withheld as no
formal action has been taken against these traders:

 

o Date: 22/7/17

Trader details: Withheld

Details of the cases: Non display of landlord / tenant fees of website of
business contrary to Section 83 of the Consumer Rights Act 2015 

Action taken: Issued 2 notices of intention to issue monetary penalty.
Both notices are currently subject to appeal.

 

o Date: 13/1/2014

Trader details: Withheld

Details of the case: Falsely claiming membership of a trade association
contrary to Regulation 12 and Schedule 1 of the Consumer Protection from
Unfair Trading Regulations 2008

Action taken: Warning letter issued

 

o Date: 8/9/2011

Trader details: Withheld

Details of the case: Allegation that monies not being passed on to
landlords and tenants contrary to the Fraud Act 2006

Action taken: Case referred to police to investigate

 

If you are dissatisfied with the handling of your request, you have the
right to ask for an internal review. Internal review requests should be
submitted within two months of the date of receipt of the response to your
original letter and should be addressed to:

 

Complaints and Access to Information Team

Email – [1][Enfield Council request email]

 

Please remember to quote the reference number above in any future
communications.

 

If you are not content with the outcome of the internal review, you have
the right to apply directly to the Information Commissioner for a
decision. The Information Commissioner can be contacted at: Information
Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9
5AF

 

Kind Regards

 

 

 

 

Gerry Hearne

Principal Fair Trading Officer- Consumer Protection

Council Housing and Regulatory Services

Health, Housing and Adult Social Care

Enfield Council

Silver Street

Enfield

EN1 3XH

Telephone: 0208 3798590

Website [2]www.enfield.gov.uk

 

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delivering excellent services and building strong communities. 

 

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