The panel members were Mr Michael Jones PPNAEA (Honoured) MARLA (member panellist acting as the Chairperson for the Tribunal), Mrs Jacqueline Stone FNAEA (member panellist) and Mr Noel Hunter OBE (lay panellist). The presenting Case Officer for Propertymark was Ms Laura Hanley-Gorton, Mr Kyle was in attendance accompanied by his colleague, Mr Andrew Whitehead and the complainant Mr Peter Brown was also in attendance.
Allegations
The Tribunal considered the allegations set out in the case summary sent to Mr Kyle. It was alleged that Mr Kyle had acted in contravention of the requirements of the following Propertymark Conduct and Membership Rules.
- Conduct Rule 13.1 General duty to uphold high standards of ethical and professional behaviour
- 13.1 No member shall do any act (whether in business or otherwise) which:
- 13.1.2 Involves other unprofessional practice or practice that is unfair to members of the public
- Conduct Rule 18: Information sharing
- Conduct Rule 21: Continuing professional development (CPD) rules
Decision
The Tribunal considered the submissions from the Case Officer and Mr Kyle and after deliberation came to the following findings:
- Conduct Rule 13.1.2: Proven
- Conduct Rule 18: Proven
- Conduct Rule 21: Proven
Mr Kyle submitted a plea in mitigation.
Sanctions
- Conduct Rule 13.1.2: £250
- Conduct Rule 18: £250
- Conduct Rule 21: Caution
In addition, costs were imposed of £155 against Mr Kyle in favour of Propertymark.
Closing statement
'The lack of clarity in this matter was the key issue which caused some hardship for Mr & Mrs Brown. It is very important that this company looks back at their procedures, which we understand that you already have done, but it is important that a similar matter does not occur in the future.'
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