The panel members were Mr Jim Atkins PPNAEA (Honoured) (member panellist acting as the Chairperson for the Tribunal), Mr David Coleman MARLA FNAEA (Honoured) (member panellist) and Mr Noel Hunter OBE (lay panellist). The presenting Case Officer for Propertymark was Mr Hadley Easterlow. The member was not present before the Tribunal and the hearing took place in private and was recorded.
The Tribunal considered the allegations set out in the case summary sent to Mr Smith on 29 March 2018. It was alleged that Mr Smith had acted in contravention of the requirements of the following Propertymark Conduct and Membership Rules.
- Conduct Rule 1.9: Title and conditions of a Client (Bank) Account
- Conduct Rule 1.19: Books of record
- Conduct Rule 1.23: Reconciliation(s) – format and frequency
- Conduct Rule 13: Duty to assist in disciplinary proceedings
The Tribunal carefully considered the allegations and the submissions from the Case Officer and Mr Smith before announcing their findings.
- Conduct Rule 1.9: Not proven
- Conduct Rule 1.19: Not proven
- Conduct Rule 1.23: Proven
- Conduct Rule 13: Proven
- Conduct Rule 1.23: £500
- Conduct Rule 13: £500
In addition, costs were imposed of £362 against Mr Smith in favour of Propertymark which include a contribution to the costs of a compliance visit undertaken subsequent to the earlier disciplinary hearing.
The Tribunal made the following statement:
'We are disappointed that the member did not attend either the initial, or today’s hearings, as there were questions that the Tribunal wished to put to him.
Two of the annual accountant’s reports refer to periods of non-compliance with the required reconciliations one year of which included part of his first year of membership.
Since the original hearing investigations have taken place which indicate that Landmark Sales and Lettings Limited are now compliant with the requirements of membership.'
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