April 20, 2015
Trading Standards Remit
I’m sorry that my earlier reply was not what you’d hoped for and I do understand the seriousness of your situation.
I think there is some confusion on your part as to the extent of our remit. We are a local authority service and our statutory function is the enforcement of criminal legislation.
The clause you refer to is not illegal and is in fairly common use by Estate Agents in the UK. Whether it is ‘unfair’ within the meaning of the Unfair Terms in Consumer Contracts Regulations is ultimately a matter for the civil courts in any particular case. The use of the clause is not a breach of criminal law.
We do not advertise or provide a dispute resolution service. It does appear on the website of the Property Ombudsman to whom I believe your complaint was referred but unfortunately I understand that their jurisdiction ceases once a dispute has been referred to a court of law.
I am sorry that we cannot assist you but, if you wish to register a formal complaint, the procedure is documented on our website and I attach a link to the appropriate page:
Trading Standards Officer