The panel members were Mr Richard Hair PPNAEA (Honoured) (Retd) (member panellist acting as the Chairperson for the Tribunal); Ms Jacqueline Stone FNAEA (member panellist); and Mr Clive Wood (lay panellist).
The presenting Case Officer for Propertymark was Mr Ali Haider. Mr Ponnambalam attended the Hearing online via Zoom.
Allegations
The Tribunal considered the allegations set out in the case summary sent to Mr Ponnambalam.
It was alleged that Mr Ponnambalam had acted in contravention of the requirements of the following Propertymark Conduct and Membership Rules.
- Conduct Rule 1.6: Key elements
- Conduct Rule 1.7: Access to, or availability of, Client Money
- Conduct Rule 1.9: Title and conditions of a Client (bank) Account
- Conduct Rule 1.14: Payments out of a Client bank account
- 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
Mr Ponnambalam entered a plea accepting the alleged breaches of Rules 1.6.1(b), 1.7, 1.9 and 23 but denying the alleged breaches of Rules 1.14, 1.23 and 13.
After consideration of the evidence presented and submissions by the parties, the Tribunal announced the following findings:
- Conduct Rule 1.6.1(b): Admitted
- Conduct Rule 1.7: Admitted
- Conduct Rule 1.9: Admitted
- Conduct Rule 1.14: Proven
- Conduct Rule 1.23: Proven
- Conduct Rule 13: Proven
- Conduct Rule 23: Admitted
Sanctions
- Conduct Rule 1.6.1(b): £500
- Conduct Rule 1.7: £200
- Conduct Rule 1.9: Formal warning
- Conduct Rule 1.14: £200
- Conduct Rule 1.23: £200
- Conduct Rule 13: Formal warning
- Conduct Rule 23: Caution
In addition, the costs of this Hearing of £454 were imposed against Mr Ponnambalam in favour of Propertymark.
Closing Statement
The Tribunal made the following statement:
'The lack of a client account is of paramount importance in this case. Whilst we accept the member’s past failings, we are very pleased to note the positive actions taken to resolve the issue. We note the member is currently suspended and agreed this suspension should now be lifted.'
Download the full report
The downloadable report shows the full details of the rules involved in this case.