The panel members were Mr Neville Pedersen MARLA (Honoured), FNAEA (Honoured) (member panellist acting as the Chairperson for the Tribunal); Mr Edward Johnson MARLA (member panellist); and Mr Steven Shaw (lay panellist).
The presenting Case Officer for Propertymark was Mr Ali Haider. Mr Grimley attended the Hearing online via Zoom.
Allegations
The Tribunal considered the allegations set out in the case summary sent to Mr Grimley.
It was alleged that Mr Grimley had acted in contravention of the requirements of the following Propertymark Conduct and Membership Rules.
- Conduct Rule 1.6: Key elements
- 1.6.1 The relevant membership division requires its members to comply with these rules in respect of their Client Accounts to ensure that Clients’ Money is protected. The key basic elements that must apply to Clients’ Money entrusted to a PPD member’s firm are as follows:
- (a) Each transaction must be properly recorded in the PPD member’s firm’s books/ledgers of account (paper, electronic or otherwise) so that it is clearly identifiable to an individual Client.
- (b) Monies must be paid into a specifically designated Client (Bank) account with a recognised bank or building society and thus kept separate from the member’s firm’s own money.
- (c) All transactions must be monitored and reconciled on a regular basis.
- 1.6.1 The relevant membership division requires its members to comply with these rules in respect of their Client Accounts to ensure that Clients’ Money is protected. The key basic elements that must apply to Clients’ Money entrusted to a PPD member’s firm are as follows:
- Conduct Rule 1.7: Access to, or availability of, Client Money
- Conduct Rule 13: General duty to uphold high standards of ethical and professional behaviour
- Conduct Rule 23: Continuing Professional Development (CPD)
Decisions
Mr Grimley entered a plea admitting the alleged breaches of Rules 1.6.1(b), 1.7, 13 and 23.
- Conduct Rule 1.6.1 (b): Admitted
- Conduct Rule 1.7: Admitted
- Conduct Rule 13: Admitted
- Conduct Rule 23: Admitted
Sanctions
- Conduct Rule 1.6.1 (b): £250
- Conduct Rule 1.7: £250
- Conduct Rule 13: Formal warning
- Conduct Rule 23: £250
In addition, the costs of this Hearing of £559 were imposed against Mr Grimley in favour of Propertymark.
Closing Statement
The Tribunal made the following statement:
'We thank Mr Grimley for attending today’s Zoom Hearing. You pleaded guilty to each breach which highlighted the necessity to adhere to the Rules of membership. Client money management is a core principle of this Association, and your company has failed in this regard. The Tribunal would urge you and your staff to enrol on specific property management and client money courses to ensure full compliance to protect not only your landlords and tenants, but yourself and your company.'
Download the full report
The downloadable report shows the full details of the rules involved in this case.
