The panel members were Mr Jim Atkins PPNAEA (Honoured) (member panellist acting as the Chairperson for the Tribunal); Ms Jacqueline Stone FNAEA (member panellist); and Mr Noel Hunter OBE (lay panellist).
The presenting Case Officer for Propertymark was Mr Ali Haider. Mr Upcraft attended the Hearing in person and was accompanied by his co-director, Mr Dean Upcraft. He was also accompanied by Mr Neil Armstrong, an employee of Russell Collins, and Mr Jarnel Grewal of Redford & Co Limited, reporting accountants, whose attendance was arranged online via Zoom.
Allegations
The Tribunal considered the allegations set out in the case summary sent to Mr Upcraft.
It was alleged that Mr Upcraft had acted in contravention of the requirements of the following Propertymark Conduct and Membership Rules.
- Conduct Rule 1.7: Access to, or availability of, Client Money
- 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 records
- 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 23: Continuing Professional Development (CPD)
Decisions
Mr Upcraft entered a plea denying the alleged breaches of Rules 1.7, 1.18, 1.19. 1.20, 1.21, 1.22 and 13.1.2, but admitted the alleged breaches of Rules 1.23 and 23.
After consideration of the evidence presented and submissions by the parties, the Tribunal announced the following findings:
- Conduct Rule 1.7: Not proven
- Conduct Rule 1.18: Proven
- Conduct Rule 1.19: Proven
- Conduct Rule 1.20: Proven
- Conduct Rule 1.21: Not proven
- Conduct Rule 1.22: Not proven
- Conduct Rule 1.23: Admitted
- Conduct Rule 13.1.2: Proven
- Conduct Rule 23: Admitted
Sanctions
- Conduct Rule 1.18, 1.19 and 1.20: £1000
- Conduct Rule 1.23: £500
- Conduct Rule 13.1.2: £400
- Conduct Rule 23: £350
In addition, the costs of this Hearing of £420 were imposed against Mr Upcraft in favour of Propertymark.
Closing Statement
The Tribunal made the following statement:
'Mr Upcraft, we thank you for your attendance today. It greatly assists the Tribunal members in considering all evidence when a member and other representatives are present. Nevertheless, we are disappointed that deficiencies in reconciliation and record-keeping, as identified by your accountant, have been allowed to continue for so long. We have recognised that this came about because of the serious illness of an employee, but we are disappointed that the corrections have taken longer than we would have expected. The current methods of banking, reconciliation and payment confirm to us that your systems are, at last, now under control.
In respect of CPD, it is noted that Mr Upcraft has no record of ever recording any CPD carried out, and this reflects poorly on your company. This should be rectified immediately. It is important for you to note that is not acceptable just to carry out CPD, but our Rules require you to register it. Whether employees are members of this or any other professional body, there should be a programme of CPD in place within your firm.'
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