The panel members were Mr Jim Atkins PPNAEA (Honoured) (member panellist acting as the Chairperson for the Tribunal), Mr David Coleman MARLA FNAEA (Honoured) (member panellist) and Ms Gillian Fleming (lay panellist). The presenting Case Officer for Propertymark was Mr Hadley James Easterlow. The member was in attendance at the hearing.
The Tribunal considered the allegations set out in the case summary sent to Mr Samuel on 29 September 2020. It was alleged that Mr Samuel had acted in contravention of the requirements of the following Propertymark Conduct and Membership Rules.
- Conduct Rule 1.27: Submission of report or HealthCheck
- Conduct Rule 21: Continuing professional development (CPD) rules
The Tribunal considered the evidence provided by the Case Officer and the submissions from Mr Samuel before reaching their findings.
- Rule 1.27: Admitted
- Rule 21: Proven
Mr Samuel submitted a plea in mitigation.
- Rule 1.27: £75
- Rule 21: £175
In addition, costs were imposed of £168 against Mr Samuel in favour of Propertymark.
The Tribunal made the following statement:
"In respect of the admitted breach of Rule 1.27, we have taken into account that this was a first breach and the member’s submission was 13 days late. Propertymark imposed a fine of £50 which Mr Samuel failed to pay and elected for today’s hearing. Members are given 6- months from their accounting year-end to make their submission which should be in good time.
In respect of the proven breach of Rule 21, despite Mr Samuel’s confirmation of undertaking CPD on a regular basis to ensure he is up to date with all legislation within the sector, the panel considers that adequate publicity is given to the registration requirement and finds it hard to understand how Mr Samuel, a long-standing member, could be unaware of this requirement.
Members should be aware of all of the rules of membership which are readily available on our website.”
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