Decision of the Disciplinary Panel
Date of Decision: 05 - 08 February 2024
Case of: Ms Emma Walker FRICS and E W Estates Ltd
RICS Membership Number: 6600739
RICS Firm Registration Number: 847779
Location:
The formal charge against Ms Emma Walker and E W Estates Ltd are as follows:
Member:
1. On or about 21 February 2022, Emma Walker (‘the Member’) submitted a Senior Professional Assessment (‘SPA’) to RICS. The submitted SPA contained inaccurate information regarding the Member’s professional qualifications and/or work experience and she declared that she met the required eligibility conditions when she did not, causing her to be admitted as a Professional Member of RICS when she otherwise would not have been. In doing so, her conduct:
a) Was dishonest in that she knowingly misrepresented her qualifications and/or exaggerated her experience in order to deceive RICS.
b) Lacked integrity in that she misled RICS by providing information that she knew, or ought to have known, would be relied on by RICS, without taking sufficient care to ensure its accuracy.
Contrary to Rule 1 of the Rules of Conduct
Emma Walker is therefore liable to disciplinary action under RICS Bye-law 5.2.2(c)
2. On or about 9 November 2022, Emma Walker entered into a loan agreement with Lee Jones whereby Lee Jones lent her £25,000 to be used for the sole purpose of renovation works to Bentinck Villas. Emma Walker was dishonest in that:
a) She was not carrying out any renovation work at Bentinck Villas and/or
b) The £25,000 or part of it was spent on a Rent to Serviced Accommodation (‘R2SA’) venture.
Contrary to Rule 1 of the Rules of Conduct
Emma Walker is therefore liable to disciplinary action under RICS Bye-law 5.2.2(c)
3. Between 9 December 2022 and 31 January 2023, Emma Walker acted dishonestly in that she provided copies of five fake assured shorthold tenancy agreements relating to Bentinck Villas to Lee Jones, intending him to believe that they were genuine.
Contrary to Rule 1 of the Rules of Conduct
Emma Walker is therefore liable to disciplinary action under RICS Bye-law 5.2.2(c)
4. Between 9 November 2022 and 31 January 2023, having received a loan of £25,000 from Lee Jones, Emma Walker acted without integrity by:
a) Using the money for a purpose other than that agreed with Lee Jones and stipulated in the loan agreement and/or
b) Failing to repay the money borrowed in accordance with the agreed repayment terms as set out in the loan agreement.
Contrary to Rule 1 of the Rules of Conduct
Emma Walker is therefore liable to disciplinary action under RICS Bye-law 5.2.2(c)
5. Between 1 July 2022 and 14 December 2022, Emma Walker, in her capacity as director of EW Estates Ltd (the Firm), failed to comply with her professional obligations in that she did not ensure that all previous and current professional work was covered by adequate and appropriate professional indemnity cover.
Contrary to Rule 1 of the Rules of Conduct
Emma Walker is therefore liable to disciplinary action under RICS Bye-law 5.2.2(c)
6. Between 15 December 2022 and 19 May 2023, Emma Walker, in her capacity as director of EW Estates Ltd (the Firm), failed to comply with her professional obligations in that she did not ensure that all previous and current professional work was covered by adequate and appropriate professional indemnity cover.
Contrary to Rule 1 of the Rules of Conduct
Emma Walker is therefore liable to disciplinary action under RICS Bye-law 5.2.2(c)
7. Between 1 April 2022 and 19 May 2023, Emma Walker, in her capacity as director of EW Estates Ltd (the Firm), failed to ensure that services were provided by competent individuals who have the necessary expertise in that she caused or permitted one or more non-qualified surveyors to conduct building inspections and reports without adequate supervision.
Contrary to Rule 2 of the Rules of Conduct
Emma Walker is therefore liable to disciplinary action under RICS Bye-law 5.2.2(c)
8. Between 7 December 2022 and 22 February 2023, Emma Walker, in her capacity as director of EW Estates Ltd (the Firm), failed in her duty to manage the Firm’s professional finances responsibly in that:
a) Cheque 001 issued in the sum of £7,200 from the Firm’s Lloyds Bank Business Account (account no ending 3860) was not honoured on presentation on 9 and 12 December 2022.
b) Cheque 002 issued in the sum of £10,000 from the Firm’s Lloyds Bank Business Account (account no ending 3860) was not honoured on presentation on 16,18, 20, 24, 26 and 30 January 2023.
c) Cheque 003 issued in the sum of £10,000 from the Firm’s Lloyds Bank Business Account (account no ending 3860) was not honoured on presentation on 16,18, 20, 24, 26 and 30 January 2023.
d) Cheque 002 issued in the sum of £10,000 from the Firm’s Lloyds Bank Business Account (account no ending 3860) was not honoured on presentation on 1, 3, 7 and 9 February 2023.
e) Cheque 003 issued in the sum of £10,000 from the Firm’s Lloyds Bank Business Account (account no ending 3860) was not honoured on presentation on 1, 3, 7 and 9 February 2023.
f) In December 2022, twenty-four Direct Debit payments made from the Firm’s Lloyds Bank Business Account (account no ending 3860) were returned when there were insufficient funds in the account to meet them. Those Direct Debit payments having been returned on 8, 9, 16, 19, 21, 22, 23, 28, 29 and 30 December 2022.
g) In January 2023, four Direct Debit payments made from the Firm’s Lloyds Bank Business Account (account no ending 3860) were returned when there were insufficient funds in the account to meet them. Those Direct Debit payments having been returned on 16 and 24 January 2023.
h) In February 2023, three Direct Debit payments made from the Firm’s Lloyds Bank Business Account (account no ending 3860) were returned when there were insufficient funds in the account to meet them. Those Direct Debit payments having been returned on 1, 10 and 21 February 2023.
Contrary to Rule 5 of the Rules of Conduct
Emma Walker is therefore liable to disciplinary action under RICS Bye-law 5.2.2(c)
Firm:
9. Between 1 July 2022 and 14 December 2022, EW Estates Ltd (the Firm) failed to comply with its professional obligations in that it did not ensure that all previous and current professional work was covered by adequate and appropriate professional indemnity cover.
Contrary to Rule 1 of the Rules of Conduct
EW Estates Ltd is therefore liable to disciplinary action under RICS Bye-law 5.3.2(c)
10. Between 15 December 2022 and 19 May 2023, EW Estates Ltd (the Firm) failed to comply with its professional obligations in that it did not ensure that all previous and current professional work was covered by adequate and appropriate professional indemnity cover.
Contrary to Rule 1 of the Rules of Conduct
EW Estates Ltd is therefore liable to disciplinary action under RICS Bye-law 5.3.2(c)
11. Between 7 December 2022 and 22 February 2023, of EW Estates Ltd (the Firm) failed in its duty to manage its professional finances responsibly in that:
a) Cheque 001 issued in the sum of £7,200 from the Firm’s Lloyds Bank Business Account (account no ending 3860) was not honoured on presentation on 9 and 12 December 2022.
b) Cheque 002 issued in the sum of £10,000 from the Firm’s Lloyds Bank Business Account (account no ending 3860) was not honoured on presentation on 16,18, 20, 24, 26 and 30 January 2023.
c) Cheque 003 issued in the sum of £10,000 from the Firm’s Lloyds Bank Business Account (account no ending 3860) was not honoured on presentation on 16,18, 20, 24, 26 and 30 January 2023.
d) Cheque 002 issued in the sum of £10,000 from the Firm’s Lloyds Bank Business Account (account no ending 3860) was not honoured on presentation on 1, 3, 7 and 9 February 2023.
e) Cheque 003 issued in the sum of £10,000 from the Firm’s Lloyds Bank Business Account (account no ending 3860) was not honoured on presentation on 1, 3, 7 and 9 February 2023.
f) In December 2022, twenty-four Direct Debit payments made from the Firm’s Lloyds Bank Business Account (account no ending 3860) were returned when there were insufficient funds in the account to meet them. Those Direct Debit payments having been returned on 8, 9, 16, 19, 21, 22, 23, 28, 29 and 30 December 2022.
g) In January 2023, four Direct Debit payments made from the Firm’s Lloyds Bank Business Account (account no ending 3860) were returned when there were insufficient funds in the account to meet them. Those Direct Debit payments having been returned on 16 and 24 January 2023.
h) In February 2023, three Direct Debit payments made from the Firm’s Lloyds Bank Business Account (account no ending 3860) were returned when there were insufficient funds in the account to meet them. Those Direct Debit payments having been returned on 1, 10 and 21 February 2023.
Contrary to Rule 5 of the Rules of Conduct
EW Estates Ltd is therefore liable to disciplinary action under RICS Bye-law 5.3.2(c)
Finding: 1a and 1b Proved, 2a Proved, 2b Not Proved, 3 Not Proved, 4a Proved, 4b Not Proved, 5 Proved, 6 Proved, 7 Proved, 8 Proved, 9 Proved, 10 Proved, 11 Proved
Sanction: Expulsion and Removal of Firm’s registration
The Disciplinary Panel also made an order to costs.
This decision was subject to an Appeal.
Published date: 09 February 2024