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:
t +44 (0)20 7695 1661