County Down residential agent pleads guilty to misleading consumers and fraud
Date published:
A Holywood-based estate and letting agent was today fined £3,000 at Newtownards Magistrates' Court and ordered to pay £3,100 compensation to two victims after pleading guilty to consumer protection and fraud offences relating to the mishandling of tenants' deposits.
In a case brought by the Trading Standards Service (TSS), Mr Conor McCullough, director of McCullough Residential Limited, 14 High Street, Holywood, Co Down, pleaded guilty to four offences under the Consumer Protection from Unfair Trading Regulations 2008 and two offences under Section 1 of the Fraud Act 2006.
The investigation commenced in December 2022 following complaints received from consumers alleging breaches of tenancy agreements by McCullough Residential Limited. TSS investigated allegations that Mr McCullough had accepted tenancy deposits from prospective tenants to secure rented accommodation but failed to protect those deposits in an approved tenancy deposit scheme, as required under the Tenancy Deposit Schemes Regulations (Northern Ireland) 2012.
Following a thorough investigation, TSS gathered sufficient evidence to demonstrate that Mr McCullough, acting in his capacity as director of McCullough Residential Limited, had misled prospective tenants by issuing tenancy agreements which stated that deposits would be protected within an approved tenancy deposit scheme when, in fact, this did not occur.
Investigators also uncovered evidence that tenant deposits paid to the company were improperly retained and were not returned at the conclusion of the tenancy agreements.
Commenting on the case, Jeff Farrell of the Trading Standards Service said: “Consumers have a right to expect that information provided by landlords and letting agents about tenancy deposits is accurate and not misleading. Where a tenancy agreement or other information states that a deposit will be protected in an approved tenancy deposit scheme, consumers should be able to rely on that assurance.
“Trading Standards Service will investigate allegations of unfair commercial practices and, where necessary, take appropriate enforcement action to protect consumers and hold those responsible to account. We hope this case serves as a reminder that businesses operating in the residential lettings sector must be transparent in their dealings with consumers and comply with their legal obligations at all times."
If you believe that your tenancy deposit is not protected in Northern Ireland, you should report the landlord to your local council's Environmental Health department.
Any consumer who believes they have been misled or subject to unfair trading practices should contact Consumerline on 0300 123 6262 or via webform at www.nidirect.gov.uk/services/contact-consumerline-make-complaint-or-ask-advice
Notes to editors:
1. While enforcement of the Tenancy Deposit Schemes Regulations (Northern Ireland) 2012 falls within the remit of Environmental Health in the District Councils, certain unfair commercial practices can also breach consumer protection legislation enforced by the Trading Standards Service.
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