Estate Agents Act 1980

This section applies to a person in relation to whom a claim has been allowed against the Fund under Part VII or against a corresponding fund established under any corresponding previous enactment.

The person may apply to the Authority for permission to hold an estate agent's licence or to be employed as an agent's representative.

An application under this section must—

be in the form approved by the Authority; and

contain the information required by the Authority; and

be accompanied by the documents required by the Authority; and

be accompanied by the prescribed fee (if any).

In considering an application under this section, the Authority may—

conduct any inquiries it thinks fit;

require the applicant to provide any further information relating to the application that the Authority thinks fit in the manner required by the Authority;

seek advice and information on the application from any other person or body as it thinks fit.

The Authority may refuse to give its permission if the applicant does not provide the further information required, or his or her consent for the Authority to obtain that information, within a reasonable time after the requirement is made.

The Authority may give its permission if it is satisfied—

that the person has refunded all amounts paid out of the Fund or the corresponding fund in respect of the claim; and

that there were exceptional circumstances which gave rise to the claim against the person; and

that having regard to the conduct of the person before and after the claim, there is no reasonable expectation that the person will not comply with this Act and the regulations in future; and

that the giving of the permission is not contrary to the public interest.

Section 14(5)(c) does not apply to a person in respect of whom permission has been given.

A person in respect of whom permission has been given is eligible to act as an agent's representative, despite section 16(1)(f).