On foot of a complaint received, Inspectors of the Authority were appointed to carry out an investigation into the conduct of Mr. Michael Carr trading as New Ireland Lettings.
Following consideration of the Inspectors’ Final Investigation Report, the Authority imposed a major sanction in respect of seven findings of improper conduct and had specific concerns regarding the following:
(i) Mr Carr’s failure to properly account to the complainant for moneys received on their behalf;
(ii) The unilateral deductions of those moneys, which Mr Carr took, without the authorisation or knowledge of the complainant;
(iii) The fact that the paperwork provided by Mr Carr in respect of those deductions, did not align with or justify the deductions themselves;
(iv) Mr Carr’s consistent failure to communicate properly with the complainant; and
(v) Mr Carr’s disregard for the statutory provisions set out in the Property Services (Regulation) Act 2011, the Minimum Standards Regulations 2020, and the Client Moneys Regulations 2012.
In determining the appropriate sanction, the Authority took into account various factors. A major sanction was imposed in three parts:
- Mr Carr’s property services licence was suspended for a period of six months, to take effect from 3 February 2025.
- Mr Carr to make a payment of €1,000 to the Property Services Compensation Fund, to be paid within thirty days of the Order.
- Mr Carr to make a payment of €3,000 to the Property Services Regulatory Authority for the whole cost of investigation, to be paid within thirty days of the Order.
The sanction was unopposed by the licensee. The President of the High Court, Mr Justice David Barniville confirmed the major sanction decision of the Authority on 20 January 2025.
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