The panel members were Mr Neville Pedersen MARLA (Honoured), FNAEA (Honoured) (member panellist acting as the Chairperson for the Tribunal); Mrs Janine Hytch FARLA, FNAEA, FNAVA (member panellist); and Mr Steven Shaw (lay panellist).
The presenting Case Officer for Propertymark was Mr Ali Haider. Mr Westgate attended the hearing.
Allegations
The Tribunal considered the allegations set out in the case summary sent to Mr Westgate.
It was alleged that Mr Westgate had acted in contravention of the requirements of the following Propertymark Conduct and Membership Rules.
- Conduct Rule 1.17: Signatories to payments from a Client (Bank) Account
- Conduct Rule 1.18: Record keeping
- Conduct Rule 1.19: Books of record
- Conduct Rule 1.20: Supporting documentation
- Conduct Rule 1.21: Preservation of records
- Conduct Rule 1.22: Computerised recording
- Conduct Rule 1.42: Old or dormant Client balances
- Conduct Rule 1.44: Donation of dormant funds to charity
- Conduct Rule 13: General duty to uphold high standards of ethical and professional behaviour
Decisions
Mr Westgate entered a plea denying the alleged breaches of Rules 1.17, 1.18, 1.19, 1.20, 1.21, 1.22, 1.42, 1.44 and 13.1.2.
After consideration of the evidence presented and submissions by the parties, the Tribunal announced the following findings:
- Conduct Rule 1.17: Proven
- Conduct Rule 1.18: Proven
- Conduct Rule 1.19: Proven
- Conduct Rule 1.20: Proven
- Conduct Rule 1.21: Proven
- Conduct Rule 1.22: Proven
- Conduct Rule 1.42: Proven
- Conduct Rule 1.44: Not proven
- Conduct Rule 13: Not proven
Sanctions
- Conduct Rule 1.17: Formal warning
- Conduct Rule 1.18, 1.19, 1.20, 1.21, 1.22: £250
- Conduct Rule 1.42: £250
In addition, the costs of this hearing of £574.35 were imposed against Mr Westgate in favour of Propertymark.
Closing Statement
The Tribunal made the following statement:
'The Tribunal thanks Mr Westgate for his attendance at today’s hearing. We do understand the difficulties faced by Mr Westgate in so far that he is receiving no support from his previous employer in relation to the charges as presented. The evidence we have seen presented at Tribunal shows that significant progress has been made in resolving many of the breaches noted above.'
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