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PSRA sanction on letting agent following probe

The Property Services Regulatory Authority (PSRA) has made a finding of improper conduct against one of its licensees.

The regulator received a complaint against Michael Carr, trading as New Ireland Lettings and based in Dublin 12.

The complainant engaged Carr to let and manage four residential properties.  

The allegations related to rents and security deposits not being transferred to the complainant for a substantial period.

Unauthorised deductions

When the rent and deposits were transferred, unauthorised deductions were made by Carr from the rent money, with no supporting paperwork. 

Other allegations included the failure by Carr to return keys of the properties, and failing to respond to the complainant’s correspondence.

Following a full investigation of the complaint and consideration of the inspectors’ final investigation report, the PSRA board made seven findings of improper conduct against Carr, including:

• Failing to provide the complainant with a valid letter of engagement (contract) for the letting service,
• Failing to transfer rental payments within the prescribed timeframe in the legislation,
• Failing to pay cash received on behalf of the complainant, to the complainant without unnecessary delay,
• Failing to respond to the complainant’s correspondence,
• Failing to place cash received on behalf of the complainant into a client account,
• Failing to provide statement of fees and outlays to the complainant, and
• Disregard for the statutory provisions set out in Property Services (Regulation) Act 2011, the Minimum Standards Regulations 2020, and the Client Moneys Regulations 2012.

In determining the appropriate sanction, the board of the authority took into account various factors as outlined in section 73 of the 2011 act.

Confirmed by High Court

The board imposed a major sanction on Carr, which was unopposed by him. The decision was confirmed by the President of the High Court on 20 January.

The decision was that:

• Carr’s licence be suspended for six months, from 3 February,
• Carr to make a payment of €1,000 to the Property Services Compensation Fund, and €3,000 to the Property Services Regulatory Authority for costs, both to be paid within 30 days of the order.

The PSRA asks the public to ensure that any property services provider they engage is licensed on www.psr.ie 

Any issues with a licensed property services provider should be brought to the attention of the authority by email at info@psr.ie