A Dudley-based property agent who misplaced a tribunal enchantment has been hit with a hefty advantageous, following a case introduced by Dudley Council’s buying and selling requirements workforce.
Andrew Cole, buying and selling as Andrew Cole Estates, was fined £14,000 for breaching shopper cash safety laws between January and August 2023, with an extra £1,500 for failing to publish required price info on his web site in January 2023.
The First-tier Tribunal heard that Cole had operated with no legitimate shopper cash safety scheme membership for nearly 5 years on the time of the penalties, along with his RICS registration having lapsed in Might 2018.
Cole stepped away from the enterprise for 20 months between September 2019 and January 2023 to take care of a relative, and he argued breaches had resulted from mismanagement throughout that interval. He claimed he believed shopper cash safety was in place via Propertymark membership, however he solely held a person membership that didn’t provide shopper cash safety cowl.
Though Cole claimed he had bought the lettings facet of the enterprise and was winding up operations, he claimed the enterprise couldn’t afford the fines as a result of £34,000 in bounce-back loans, hire arrears of £4,000 and different money owed. Nonetheless, when Dudley Council’s buying and selling requirements officer visited the premises in November 2023, employees confirmed Cole remained the proprietor with no proof of any sale.
Cllr Phil Atkins, cupboard member for buying and selling requirements and environmental well being, stated: “This investigation, which was undertaken by our buying and selling requirements workforce, demonstrates the significance of making certain compliance with applicable laws designed to guard tenants.
“The laws give tenants and landlords confidence that their cash is safe and that they’ve entry to dispute the problem if wanted. Brokers who fail to conform and put tenants in danger, will face the implications.”
