Trust Property Management is up before the RICS disciplinary panel – only seven months after its owner Benjamin Mire was cleared of all disciplinary charges.
This time three days have been set aside to examine the affairs of Trust Property Management, based in Colindale, north London.
Full details here
In summer 2013 Benjamin Mire, a chartered surveyor, resigned from his judicial appointment as a part-time chairman of the property tribunal during an investigation.
In an exceptional move, the Ministry of Justice made clear that Mire would have been sacked in any case. He had
‘failed to observe the standards that could reasonably be expected of a judicial office holder and that this failing was sufficiently serious to justify his removal from office’.
The following year, the Leasehold Advisory Service – after a volte face and then much dithering – banned Mire and his companies from advertising on the quango.
LEASE based its decision on a statement from the Judicial Conduct Investigations Office and to “34 different determinations by the Leasehold Valuation Tribunal purportedly involving Mr Mire, TPM [Trust Property Management] or BMCS [Benjamin Mire Chartered Surveyor]”.
Needless to say, Trust Property Management has a host of awards from the News on the Block trade publication emblazoned on its website.
1. Between July 2013 and September 2014 Trust Property Management Ltd:
(a) did not have sufficient controls in place where payments were made by non-principals from your client account,
(b) did not have effective controls over the use of new suppliers on your accounting system.2. In relation to Mrs Micuta, Trust Property Management Ltd:
(a) failed to identify that the Demands for Ground Rent were being sent to an incorrect address,
(b) did not verify whether this was the correct address until 2013,
(c) raised administration charges for £210.60 on 4 October 2013 that were incorrectly referred to as management fees in relation to her non-payment,
(d) did not apologise to her for sending the Demands for Ground Rent to an incorrect address,
(e) failed to provide Mrs Micuta with a summary of her rights and obligations in relation to the administration fees as required by paragraph 6.6 of the Service Charge Residential Management Code,
(f) did not deal with her complaint and the correspondence submitted by her appropriately,
(g) failed to bank a cheque sent by Mrs Micuta:
(i) for £300 on 10 October 2013,
(ii) for £50 on 29 January 2014.3. In relation to Mr Freeman, Trust Property Management Ltd:
(a) did not act in accordance with the terms of the lease for 144 Broadhurst Gardens in that you:
(i) did not review the specific covenants in the lease, or
(ii) took insufficient action to highlight the significance of the covenant of best endeavours to your freeholder client.
(b) your actions or inaction did not meet the repair covenant of best endeavours as specified in Mr Freeman’s lease.
4. The conduct of Trust Property Management as set out at paragraph(s):
(a) 1 (a), 1(b) and 2 (g)(i) – 2g(ii) is a breach of Rule 8 of the Rules of Conduct for Firms 2007 in that you have failed to preserve the security of client money entrusted into your care in the course of your business,
(b) 2(a) – 2(c), and 3(a) and 3(b) is a breach of Rule 4 of the Rules of Conduct for Firms 2007 in that you have failed to carry out your work with due skill, care and diligence,
(c) 2 (d) – 2(f) and 3(a) and 3(b) is a breach of Rule 5 of the Rules of Conduct for Firms 2007 in that you have not carried out your work with proper regard for standards of service and customer care.
Anyone wanting to attend the hearing should contact:
Jae Berry
t +44 (0)20 7695 1661
e jberry@rics.org
Related posts:
Trust Property Management fails to find a buyer
RICS sets aside two-day disciplinary hearing for Benjamin Mire
Benjamin Mire’s Trust Property Management up for sale
Case against Benjamin Mire collapses, as RICS disciplinary process descends into shambles
Benjamin Mire fails to block RICS disciplinary investigation in the high court
Barnard Marcus withdraws Blythe Court flat from auction
Here we go again! Perhaps this time the prosecution will be minded to call a witness on their behalf?
I note one of the charges is that Mr Mire failed to preserve security of client money.
When Peverel/Firstport companies admitted to collusive tendering, was that not failing to preserve security of client monies?
Yes Michael, it was Peverel Management Services Ltd now Firstport Retirement failed to preserve security of clients monies, they also failed to provide the full list of developments that were Price Fixed during 2005 to 2009.
Chas, Is that the Peverel/Firstport that set aside 9 million pounds to resolve “historical issues” yet won’t allow property/area/regional managers to discuss “historical issues?”