Andrew Cole Estates v Dudley Metropolitan Borough Council

Andrew Cole Estates v Dudley Metropolitan Borough Council

The appellant was in breach of both Regulation 3 of the CMPSR and section 83(3) of the CRA. The respondent was entitled to impose financial penalties, which were reduced for extenuating circumstances. The appellant's personal difficulties and subsequent rectification did not absolve him of statutory duties. The appeals were dismissed and the penalties confirmed.

Parties
Appellant: Andrew Cole Estates; Respondent: Dudley Metropolitan Borough Council
Jurisdiction
England and Wales
Judgment Date
29 September 2025
Procedural Posture
Appeal / Final Judgment
Outcome
Appeals dismissed
Legal Topics
Client Money Protection, Letting Agency Regulation, Financial Penalties, Consumer Rights Act Compliance
Regulatory Law Consumer Protection Property Law Client Money Protection Letting Agency Regulation Financial Penalties Consumer Rights Act Compliance

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2 Amounts and remedies 9
Sign in to unlock

Parties

Andrew Cole Estates

Appellant

Dudley Metropolitan Borough Council

Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether the appellant breached Regulation 3 of the Client Money Protection Schemes for Property Agents Regulations 2019
  2. 2 Whether the appellant breached section 83(3) of the Consumer Rights Act 2015 by failing to publish required information
  3. 3 Whether the financial penalties imposed were appropriate and proportionate

Ratio Decidendi

The appellant was in breach of both Regulation 3 of the CMPSR and section 83(3) of the CRA. The respondent was entitled to impose financial penalties, which were reduced for extenuating circumstances. The appellant's personal difficulties and subsequent rectification did not absolve him of statutory duties. The appeals were dismissed and the penalties confirmed.

Court Disposition

Appeals dismissed

Orders

  • Final Notice dated 3 April 2024 imposing a financial penalty of £14,000 for breach of Regulation 3 CMPSR is confirmed.
  • Final Notice dated 3 April 2024 imposing a financial penalty of £1,500 for breach of section 83(3) CRA is confirmed.