A Disciplinary Tribunal of Propertymark Limited was convened on 26 March 2025 to consider the case against Mr Philip Stuart.
The panel members were Mr Jim Atkins PPNAEA (Honoured) (member panellist acting as the Chairperson for the tribunal), Miss Jacqeline Stone FNAEA (member panellist) and Mrs Suzanne Smith (lay panellist). The presenting Case Officer for Propertymark was Mr Victor Zillmer.
Mr Philip Stuart did not attend the hearing which proceeded in his absence and was recorded.
Allegations
The Tribunal considered the allegations set out in the case summary sent to Mr Philip Stuart.
It was alleged that Mr Philip Stuart had acted in contravention of the requirements of the following Propertymark Conduct and Membership Rules:
- 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 14: Duty to assist in disciplinary proceedings
- Conduct rule 23: Continuing professional development (CPD) rules
Decision
A plea denying the allegations was entered by the Compliance Manager on behalf of the defendant.
After consideration of the evidence and submissions by the parties the Tribunal announced the following findings:
- Conduct rule 1.23: Proven
- Conduct rule 13: Proven
- Conduct rule 14: Proven
- Conduct rule 23: Proven
Sanctions
- Conduct rule 1.23: £450
- Conduct rule 13: £400
- Conduct rule 14: £400
- Conduct rule 23: £150
In addition, the costs of the hearing of £417 were imposed against Mr Philip Stuart in favour of Propertymark.
Closing Statement
The Tribunal made the following statement:
'We are disappointed that our member was not able to attend today’s Tribunal either in person or online as there were questions that the Tribunal members would have put to him.
The comments on the 2024 financial HealthCheck include “According to the result of the HealthCheck, this Agent DOES NOT operate their lettings business within Propertymark Rules of Conduct and/or current legislation.”
It will appear that this situation had not been remedied by the January 2025 report.'
Download the full report
The downloadable report shows the full details of the rules involved in this case.