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Estate Agents Act 1979

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Changes over time for: Section 4

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Changes to legislation:

Estate Agents Act 1979, Section 4 is up to date with all changes known to be in force on or before 06 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

4 Warning orders.U.K.

[F1(1)If the [F2lead enforcement authority] is satisfied that any of subsections (1A), (1B) or (1C) apply in relation to a person it may by order notify that person that it is satisfied of the matters mentioned in that subsection.

(1A)This subsection applies in relation to a person if—

(a)in the course of estate agency work, he has engaged in conduct falling within paragraph (a), (b), (c), (ca) or (cb) of section 3(1); and

(b)were he to engage again in any conduct falling within that paragraph, the [F3lead enforcement authority] would consider him unfit and proceed to make a prohibition order.

(1B)This subsection applies in relation to a person if—

(a)in the course of estate agency work, he has engaged in conduct constituting a failure to comply with—

(i)an undertaking mentioned in section 3(1)(ba); or

(ii)an enforcement order mentioned in section 3(1)(bb); and

(b)were he to fail again to comply with that undertaking or order by engaging in the same or similar conduct, the [F4lead enforcement authority] would consider him unfit and proceed to make a prohibition order.

(1C)This subsection applies in relation to a person if—

(a)in the course of estate agency work, he has engaged in a practice mentioned in section 3(1)(d); and

(b)were he to engage again in that practice, the [F5lead enforcement authority] would consider him unfit and proceed to make a prohibition order.]

(2)An order under this section shall state whether, in the opinion of the [F6lead enforcement authority], [F7further conduct as mentioned in subsection (1A)(b) or (1B)(b) or engaging again in the practice specified in the order, as the case may be,] is addressed unfit to carry on estate agency work generally or estate agency work of a description specified in the order.

(3)If, after an order has been made under this section, the person to whom it is addressed [F8engages in further conduct as mentioned in subsection (1A)(b) or (1B)(b) or engages again in the practice specified in the order, as the case may be,] in accordance with subsection (2) above; and the [F9lead enforcement authority] may proceed to make an order under section 3 above accordingly.

[F10(4)In this section “unfit” means unfit as mentioned in subsection (2) of section 3 and “prohibition order” means an order under that section.]

Textual Amendments

F1S. 4(1)-(1C) substituted for s. 4(1) (1.10.2008) by Consumers, Estate Agents and Redress Act 2007 (c. 17), ss. 56(2), 66(2) (with s. 48(3)); S.I. 2008/905, art. 3(2), Sch. 2

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