The Property Services (Regulation) Act 2011 (the Act) provides for a wide range of measures designed to ensure that licensees operate in a fashion that is fair to their clients. The Act also provides a significant degree of assurance to the general public and security for the clients of licensees. Inspectors of the Authority have comprehensive powers to carry out investigations into complaints of improper conduct. Following a finding of improper conduct by the Authority, the Authority has the power to impose stringent sanctions on any licensee found to have engaged in improper conduct.
Major Sanction under Section 68 and confirmed by the High Court
Company/Individual Convicted | Major Sanction | |
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Mr Ronan Stack of Eileen Bergin Properties Limited t/a Trading Places | On foot of information received from Mr Ronan Stack’s employer, the Authority appointed an inspector to carry out an investigation of the Authority’s own volition into the conduct of Mr Stack.
Following consideration of the inspector’s Final Investigation Report, the Authority decided to impose a major sanction whereby Mr Stack was prohibited from applying for a new licence for a period of six months from the date of the order of the Court confirming the sanction. In determining the appropriate sanction, the Authority took into account various factors including mitigating factors in this case. The sanction was unopposed by Mr Stack. This sanction was confirmed by the President of the High Court, Mr. Justice David Barniville on 23 October 2023. |
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Lloyd Daly & Associates Ltd. (003932) | Inspectors of the Authority were appointed to carry out a Compliance Audit on the business entity Lloyd Daly & Associates Ltd.
Following consideration of the inspectors’ Final Investigation Report, the Authority imposed a major sanction in two parts:
In determining the appropriate sanction, the Authority took into account various factors. The sanction was unopposed by the licensee. The sanction was subsequently confirmed by the President of the High Court, Mr. Justice David Barniville, on 16 January 2023. An additional Order in the amount of €1,500 plus VAT in respect of the costs of the application was also granted. The High Court directed that payments are to be made within 90 days of the decision being confirmed by the High Court. |
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MTS Property Management Limited (003241) & Ms Louise Byrne (003241-005199) | On foot of a complaint received, inspectors of the Authority were appointed to carry out an investigation into the conduct of Ms Louise Byrne and the company MTS Property Management Limited.
Following consideration of the inspectors’ Final Investigation Reports, the Authority decided to impose a major sanction in two parts: |
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Sinead O’Leary of Michael A. O’Leary & Associates Limited | On foot of concerns raised during a separate complaint investigation, The Authority initiated an investigation of its own volition and appointed inspectors to carry out an investigation into the conduct of Ms. Sinead O’Leary. Following consideration of the inspectors’ Final Investigation Reports, the Authority decided to impose a major sanction in three parts: • A direction to pay a sum of €50,000 into the PSRA Compensation Fund; • A direction to pay a sum of €5,000 to the PSRA, being the cost to the PSRA of the investigation • A direction to pay a sum of €30,000 by way of a financial penalty for misappropriating monies from the OMC. Ms O’Leary already had her licences revoked, and had been permanently prohibited from applying for a licence in the future as a result of a concurrent complaint investigation which had concluded earlier. In determining the appropriate sanction, the Authority took into account various factors. The sanction was unopposed by the former licensee. The sanction was subsequently confirmed by the President of the High Court, Ms Justice Mary Irvine, on 9 May 2022 and Ms O’Leary was given 90 days in which to make the appropriate payments. |
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Michael A. O’Leary & Associates Limited (trading as Property Team M.A. O’Leary Auctioneers) | On foot of concerns raised during a separate complaint investigation, The Authority initiated an investigation of its own volition and appointed inspectors to carry out an investigation into the conduct of the company Michael A. O’Leary & Associates Limited (trading as Property Team M.A. O’Leary Auctioneers). Following consideration of the inspectors’ Final Investigation Reports, the Authority decided to impose a major sanction in three parts: • A direction to pay a sum of €30,000 into the PSRA Compensation Fund; • A direction to pay a sum of €5,000 to the PSRA, being the cost to the PSRA of the investigation • A direction to pay a sum of €25,000 by way of a financial penalty for misappropriating monies from the OMC. The company already had its licences revoked, and had been permanently prohibited from applying for a licence in the future as a result of a concurrent complaint investigation which had concluded earlier. In determining the appropriate sanction, the Authority took into account various factors. The sanction was unopposed by the former licensee. |
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Mr Richard Power of Wyse Property Management Limited | On foot of information received from his employer, The Authority initiated an investigation of its own volition and appointed inspectors to carry out the investigation into the conduct of Mr Richard Power.
Following consideration of the inspectors’ Final Investigation Report, the Authority decided to impose a major sanction in two parts:
In determining the appropriate sanction, the Authority took into account various factors. The sanction was unopposed by the former licensee. The sanction was subsequently confirmed by the President of the High Court, Ms Justice Mary Irvine, on 11 October 2021 and Mr Power was given six months in which to make the appropriate payments. |
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Sinead O’Leary of Michael A. O’Leary & Associates Limited | On foot of a complaint received from an Owners Management Company (OMC), inspectors of the Authority were appointed to carry out an investigation into the conduct of Ms. Sinead O’Leary.
Following consideration of the inspectors’ Final Investigation Reports, the Authority decided to impose a major sanction in four parts:
In determining the appropriate sanction, the Authority took into account various factors. The sanction was unopposed by the former licensee. The sanction was subsequently confirmed by the President of the High Court, Ms Justice Mary Irvine, on 25 August 2021 and Ms O’Leary was given 6 months in which to make the appropriate payments. Ms Justice Mary Irvine placed a stay of four weeks on the sanction in relation to the costs of the investigation to allow Ms O’Leary to apply to the High Court for the costs to be varied, if she can demonstrate to the Court that she sought to challenge the figure of €20,552 before the Authority prior to the Authority making its decision to impose this sanction. |
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Michael A. O’Leary & Associates Limited (trading as Property Team M.A. O’Leary Auctioneers) | On foot of a complaint received from an Owners Management Company (OMC), inspectors of the Authority were appointed to carry out an investigation into the conduct of Michael A. O’Leary & Associates Limited.
Following consideration of the inspectors’ Final Investigation Reports, the Authority decided to impose a major sanction in two parts:
In determining the appropriate sanction, the Authority took into account various factors. The sanction was unopposed by the former licensee. The sanction was subsequently confirmed by the President of the High Court, Ms Justice Mary Irvine, on 25 August 2021 and Michael O’Leary & Associates Limited (trading as Property Team M.A. O’Leary Auctioneers) were given 6 months in which to make the appropriate payments. |
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Tony Breathnach, previously traded as Cavan Real Estate |
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Estate Agent | On foot of received complaints, an inspector of the Authority was appointed to carry out an investigation into the conduct of this company.
Following consideration of the inspector’s Final Reports, the Authority decided to impose a major sanction and the licensee was directed by the Authority to pay the sum of €7,500 into the Property Services Compensation Fund. In determining the appropriate sanction, the Authority took into account various factors. The sanction was unopposed by the licensee and his legal team in court. The sanction was subsequently confirmed by the President of the High Court Mr Justice Peter Kelly on 9 November 2018. |
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Estate Agent | On 14 July 2016, the Property Services Regulatory Authority (the “Authority”) considered a Report prepared by its inspection team following a complaint, and a subsequent investigation in respect of a licensee. The Authority was satisfied that improper conduct had occurred arising from, inter alia, the management of booking deposits received by the Licensee.
In determining the appropriate sanction, the Authority took into account various factors including the fact that no client of the Licensee had suffered any permanent financial loss. The Authority decided to impose a major sanction and directed the licensee to pay the sum of €25,000 into the Property Services Compensation Fund. As required by the Property Services (Regulation) Act 2011, this sanction was confirmed by order of the High Court on 10 October, 2016. |
Prosecutions taken by the PSRA resulting in a guilty plea by the defendants
Company or Individual Convicted | Court (District or Circuit) | Court Outcome | Court Date | Fine | Costs Awarded to the PSRA | Charitable Contribution |
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Unlicensed Estate Agent/Auctioneer | District | Guilty Plea and Conviction Recorded | 02/07/2020 | €2,500 | €3,382 | N/A |
Unlicensed Estate Agent/Auctioneer | District | Found Guilty for unlicensed trading and Conviction Recorded | 18/02/2020 | €15,000 | €8,147.16 | N/A |
Unlicensed Estate Agent/Auctioneer | District | Found Guilty and Conviction Recorded | 19/09/2019 | €500 | €2,500 | N/A |
Unlicensed Estate Agent/Auctioneer | District | Guilty Plea and Conviction Recorded | 25/04/2019 | N/A | €5,000 | N/A |
Unlicensed Estate Agent/Auctioneer | District | Guilty Plea and Conviction Recorded | 05/03/2019 | €1,900 | €650 | N/A |
Unlicensed Estate Agent/Auctioneer | District | Guilty Plea and Conviction Recorded | 22/11/2018 | €500 | N/A | N/A |
Unlicensed Mart | District | Guilty Plea, Court Recorded the Facts as Proven but Conviction Not Recorded | 15/06/2017 | N/A | €10,000 | N/A |
Director of Unlicensed Estate Agents | District | Guilty Plea, Probation Act and Charitable Contribution | 16/12/2015 | €500 | N/A | €7,307.39 |
Unlicensed Estate Agents | District | Guilty Plea and Conviction Recorded | 06/07/2015 | €16,500 | €9,306.14 | N/A |
Unlicensed Estate Agents | District | Guilty Plea, Probation Act and Charitable Contribution | 03/11/2015 | N/A | €6,815.50 | €1000 |
Unlicensed Estate Agents | District and Circuit | Guilty Plea and Conviction Recorded. Fine Reduced on Appeal and D.C. Costs Confirmed by the Circuit Court | District Court: 01/12/2014 / Circuit Court : 22/04/2015 | €2,400 | €6,285.85 | N/A |
Injunctions granted to the PSRA by the High Court
Company or Individual | Details of Injunction |
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Letting and Property Management Agent | On Monday, 9 December 2019, the President of the High Court, Mr Justice Peter Kelly, granted the Authority an injunction preventing the letting and property management agent, from providing property services without a licence. The injunction also prevents the agent from holding themselves out as being available to provide property services, or from advertising property services in any way.
The agent and the agent’s legal representative consented in court to the injunction. The injunction was sought following an investigation under Section 89 of the Property Services (Regulation) Act 2011 (the Act) into the agent providing property services without a licence. This is an offence under Section 28 of the Act. The Authority has powers under Section 89(7) of the Act to seek a High Court injunction requiring a person trading illegally without a licence to cease trading immediately. |