The panel members were Mr Jim Atkins PPNAEA (Honoured) (member panellist acting as the Chairperson for the Tribunal), Mrs Wendy Younge MARLA, MNAEA (member panellist) and Mr Clive Wood (lay panellist).
The presenting Case Officer for Propertymark was Mr Ali Haider. Mr Khangura attended the hearing via Zoom, accompanied by his accountant, Mr Craig Stratford.
Allegations
The Tribunal considered the allegations set out in the case summary sent to Mr Khangura.
It was alleged that Mr Khangura had acted in contravention of the requirements of the following Propertymark Conduct and Membership Rules.
- Conduct rule 1.7: Access to, or availability of, Client Money
- Conduct rule 1.15: Timing of banking
- Conduct rule 1.18: Record keeping
- Conduct rule 1.19: Books of record
- Conduct rule 1.20: Supporting documentation
- Conduct rule 1.23: Reconciliation(s) – format and frequency
- Conduct rule 13: General duty to uphold high standards of ethical and professional behaviour
- Conduct rule 21: Continuing professional development (CPD) rules
Decisions
The Tribunal considered the submissions from the Case Officer and the bundle of evidence and after deliberation came to the following findings:
- Conduct rule 1.7: Not proven
- Conduct rule 1.15: Not proven
- Conduct rule 1.18: Not proven
- Conduct rule 1.19: Not proven
- Conduct rule 1.20: Not proven
- Conduct rule 1.23: Proven
- Conduct rule 13: Not proven
- Conduct rule 21: Admitted
Sanctions
- Conduct rule 1.23: £300
- Conduct rule 21: £200
In addition, the costs of this hearing of £588.75 were imposed against Mr Khangura in favour of Propertymark.
Closing Statement
The Tribunal made the following statement:
'Mr Khangura, we are pleased that you attended today’s Tribunal online. It greatly assisted us in a full understanding. Whilst a number of alleged breaches were not proven, we strongly feel that the transfer of funds from Whitegates Brighouse’s client account should have been managed more diligently. We trust that a client account transfer on any future acquisition will comply with our Rules. In connection with CPD, it is noted that you recorded CPD in 2011 but have failed to record since. The association repeatedly reminds members in regular email bulletins that CPD not only has to be carried out, but it also has to be recorded.'
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