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 Green attended the Hearing online via Zoom.
Allegations
The Tribunal considered the allegations set out in the case summary sent to Mr Lowes.
It was alleged that Mr Lowes had acted in contravention of the requirements of the following Propertymark Conduct and Membership Rules.
- Conduct Rule 1.18: Record keeping
- Conduct Rule 1.19: Books of record
- Conduct Rule 1.20: Supporting documentation
- Conduct Rule 1.23: Reconciliation(s) – format and frequency
- Conduct Rule 10: 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 Green entered a plea admitting the alleged breaches of Rules 1.18. 1.19. 1.20. 1.23, 10, 13.1.2 and 23.
- Conduct Rule 1.18: Admitted
- Conduct Rule 1.19: Admitted
- Conduct Rule 1.20: Admitted
- Conduct Rule 1.23: Admitted
- Conduct Rule 10: Admitted
- Conduct Rule 13: Admitted
- Conduct Rule 23: Admitted
Sanctions
- Conduct Rule 1.18, 1.19 and 1.20: £250
- Conduct Rule 1.23: £750
- Conduct Rule 10: Formal warning
- Conduct Rule 13: Formal warning
- Conduct Rule 23: £100
In addition, the costs of this Hearing of £559 were imposed against Mr Green in favour of Propertymark.
Closing Statement
The Tribunal made the following statement:
'We thank Mr Green for his attendance at today’s hearing via Zoom. We are grateful for your candour in the manner in which you have addressed the breaches, and we note the steps you have taken thus far. As commented during the hearing, running both a manual and a computer system alongside each other can cause significant problems, and with the number of properties and tenants involved, we strongly recommend going fully computerised. Failure to do so could see these issues repeating themselves.
Mr Green, your membership is currently suspended. The decision of this Tribunal is that it should continue until such time as a satisfactory compliance inspection is carried out at your cost, confirming that all matters have been addressed. This should be carried out before the 30th September 2024. In the event, that it is not carried out or continues to be unsatisfactory, your membership will be terminated.'
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