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 Miss Farrah Gibson. Mr Mogradia was in attendance via Zoom.
Allegations
The Tribunal considered the allegations set out in the case summary sent to Mr Mogradia.
It was alleged that Mr Mogradia 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 1.15: Timing of banking
- 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 23: 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 1.14: Admitted
- Conduct Rule 1.15: Admitted
- Conduct Rule 1.23: Admitted
- Conduct Rule 13: Admitted
- Conduct Rule 23: Admitted
Sanctions
- Conduct Rule 1.14: £500
- Conduct Rule 1.15: £500
- Conduct Rule 1.23: £500
- Conduct Rule 13: Warning
- Conduct Rule 23: £500
In addition, the costs of this hearing of £588.75 were imposed against Mr Mogradia in favour of Propertymark.
Closing Statement
The Tribunal made the following statement:
We thank you for attending today’s tribunal online. It greatly assists us in our understanding. We acknowledge that you have admitted to the alleged breaches. Your membership of the association will be reinstated additionally upon you completing our Level 2 qualification within four months, this is the requirement of the associate membership that the Level 2 qualification should be completed within 2 years of membership acceptance.
We have calculated your active membership prior to suspension, this leaves a 4month period for you to achieve this in order for you to maintain your membership. Breaches of our accounting rules are taken most seriously, there is considerable other legislation that must be complied with, and your studies will assist you with achieving full compliance.
As a Principal, Partner, Director member, while you have expressed your intentions to take study courses for the profession, we strongly recommend that in addition to Level 2, you should achieve the Level 3 qualification within a 12-month period.
Legislation continually changes particularly in regard to lettings, and you must ensure that at all times in the future you engage in appropriate study and courses. It is then also essential that your record this online with Propertymark.
Thank you very much Mr Mogradia for attending today that is the end of this tribunal.'
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