Davis Estate Agents Limited v The London Borough of Enfield

Brian Kennedy KC, sitting in the Tribunal, decided an appeal brought by Davis Estate Agent Limited against a civil penalty issued by the London Borough of Enfield Trading Standards under the Consumer Rights Act 2015. The authority found that the letting agent’s listings on the third‑party platform OnTheMarket did not publish the agent’s relevant fees and failed to publish a statement of membership in a client money protection scheme, contrary to sections 83(3C) and 83(6). After issuing a Notice of Intent for £5,000, the Council reviewed the matter and reduced the penalty to £3,500, considering subsequent compliance. On appeal, Davis Estate Agent Limited argued the Council had not followed the Secretary of State’s April 2018 guidance requiring consideration of income and alleged victimisation and financial hardship. The Tribunal rejected these assertions, noting no material evidence of hardship had been provided and accepting the authority’s response. As the appellant did not deny the breach and provided no credible basis for further reduction, the Tribunal confirmed that the revised penalty of £3,500 was neither disproportionate nor otherwise unreasonable.