The panel members were Mr Jim Atkins PPNAEA (Honoured) (member panellist acting as the Chairperson for the Tribunal), Ms Jacqueline Stone FNAEA (member panellist) and Mr Noel Hunter OBE (lay panellist).
The presenting Case Officer for Propertymark was Mr Ali Haider. Mr Martin was in attendance in the hearing.
Allegations
The Tribunal considered the allegations set out in the case summary sent to Mr Martin.
It was alleged that Mr Martin had acted in contravention of the requirements of the following Propertymark Conduct and Membership Rules.
- Conduct Rule 1.14: Payments out of a Client (Bank) Account
- Conduct Rule 1.18: Record keeping
- Conduct Rule 1.19: Books of record
- Conduct Rule 1.20: Supporting documentation
- Conduct Rule 1.21: Preservation of records
- Conduct Rule 1.22: Computerised recording
- 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)
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 1.18, 1.19, 1.20, 1.21 & 1.22: Admitted
- Conduct Rule 1.23: Admitted
- Conduct Rule 13: Admitted
- Conduct Rule 21: Admitted
Sanctions
- Conduct Rule 1.18, 1.19, 1.20, 1.21 & 1.22: £500
- Conduct Rule 1.23: £200
- Conduct Rule 13: £200
- Conduct Rule 21: £200
In addition, the costs of this hearing of £457 were imposed against Mr Martin in favour of Propertymark.
Closing Statement
The Tribunal made the following statement:
'Mr Martin, we thank you for attending here today and for admitting the alleged breaches. It is obvious that these financial irregularities have persisted for some years. We are disappointed that more strenuous efforts to find the cause were not put into effect sooner.
We direct the compliance department to specifically review the next Accountant’s Report received to ensure full compliance. CPD is an essential professional requirement, there is no evidence of any being completed or recorded. This should be done online and will be checked in the future.'
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