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OFT bans East London estate agents

30/09    11 March 2009

The OFT has issued prohibition orders against two East London estate agents banning them from engaging in estate agency work.

Ambreen Gul, an employee of Skylord Properties in Ilford and Mukshud Ali, of Ashburton Estates Ltd, have been banned after being convicted of a number of serious offences including false imprisonment, grievous bodily harm, a firearms offence and theft.

Ms Gul was sentenced to 10 years imprisonment and Mr Ali to 7 years 9 months detention, following a trial at Southwark Crown Court on 23 June 2008.

Mike Haley, OFT Director of Consumer Protection, said:

'We will not allow estate agents who commit serious offences of violence and dishonesty to continue trading. It is crucial that people have confidence when they use estate agency services and we will act robustly to protect the interests and safety of consumers.'

NOTES

1. The OFT can bar from estate agency work a person who has committed certain specified offences such as fraud, or other dishonesty or violence; or who has committed racial or sexual discrimination in the course of estate agency work; or who has failed to comply with the requirements placed on estate agents by the Estate Agents Act and is unfit to carry on estate agency work.

2. Before a Prohibition Order is issued, the person concerned has the right to make representations to the OFT as to why the Order should not be made. If these representations are unsuccessful, subsequent appeal can be made to the Tribunals Service, an executive agency of the Ministry of Justice, on behalf of the Secretary of State.

3. Adjudicators issue and determine Prohibition and Warning Notices under the Estate Agents Act. They do so on behalf of the OFT, but make individual and independent decisions on fitness based upon the contentions in a Notice, the evidence attached to a Notice and the representations of those to whom the Notices are addressed. Representations may be made in writing and at an oral hearing.

4. An adjudicator determined that Ms Gul and Mr Ali were unfit to carry on estate agency work. Prohibition Orders were made in respect of Ms Gul on 12 December 2008 and Mr Ali on 10 February 2009. Orders do not come into operation until any appeal under section 7(1) of the Estate Agents Act 1979, and any further appeal, has been determined, or the period in which such an appeal may be brought has expired. Both were given 28 days to appeal the decision and neither Ms Gul or Mr Ali have exercised this right.

5. After an Order has been made, the person affected can at any time, and on payment of a fee, currently £2,500, apply to the OFT for the Order to be varied or revoked.

6. The Estate Agents Act 1979 covers anyone who, in the course of business, is engaged in 'estate agency work'. This means introducing to someone else a person who wishes to buy, sell or lease land or property, and being involved in negotiating the subsequent deal. The work must be in the course of business, whether as employer or employee, and as a result of instructions from a client. The land or property may be commercial, industrial, agricultural or residential. This does not include acting as a letting agent.

7. A public register of Prohibition Orders is kept by the OFT at Fleetbank House, 2-6 Salisbury Square, London EC4Y 8JX.   

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