Forálann an tAcht um Sheirbhísí Maoine (Rialáil) 2011 (an tAcht) do raon leathan beart atá deartha chun a chinntiú go bhfeidhmíonn ceadúnaithe ar bhealach atá cothrom dá gcliaint. Soláthraíonn an tAcht freisin méid suntasach dearbhaithe don phobal i gcoitinne agus slándála do chliaint na gceadúnaithe. Tá cumhachtaí cuimsitheacha ag cigirí an Údaráis chun imscrúduithe a dhéanamh ar ghearáin faoi iompar míchuí. Tar éis don Údarás cinneadh a dhéanamh maidir le hiompar míchuí, tá an chumhacht ag an Údarás smachtbhannaí dochta a fhorchur ar aon cheadúnaí a fhaightear amach go raibh baint aige le hiompar míchuí.
Smachtbhannaí Móra faoi Alt 68 agus daingnithe ag an Ard-Chúirt
| Cuideachta/Duine Aonair Ciontaithe | Mór-cheadú |
|---|---|
| An tUasal Gabriel Dooley ó Ghníomhairí Eastáit Dooley | On foot of a complaint received, Inspectors of the Authority were appointed to carry out an investigation into the conduct of Mr Gabriel Dooley of Dooleys Estate Agents. Following consideration of the Inspectors’ Final Investigation Report, the Authority imposed a major sanction in respect of one finding of improper conduct against Mr Gabriel Dooley, in relation to breaching Regulation 6(6) of the Property Services (Regulation) Act 2011 (Client Moneys) Regulations 2012. This was due to Mr Dooley withdrawing money, during a specific period from a €50,000 booking deposit, which was held in his client bank account, before contracts for the sale of land were concluded. The major sanction imposed by the Authority was a financial penalty of €10,000 on Mr Dooley, to be paid to the Authority within 90 days of the confirmation of the decision. On Monday 21 July 2025, the President of the High Court, Mr Justice David Barniville confirmed the major sanction of the Authority. Prior to the major sanction being confirmed by the High Court, Mr Dooley paid the €10,000 financial penalty to the Authority. |
| An tUasal Julian Ritchie (an ceadúnaí) agus GDPM t/a Greendoor Property Management Company (an gnólacht ceadúnaithe) | On foot of a complaint received, Inspectors of the Authority were appointed to carry out an investigation into the conduct of Mr. Julian Ritchie (the licensee) and GDPM t/a Greendoor Property Management Company (the licensed business), which is based in Dublin 3. Following consideration of the Inspectors’ Final Investigation Report, the Authority imposed a major sanction in respect of two findings of improper conduct against Mr Julian Richie, and imposed a major sanction in respect of three findings of improper conduct against GDPM Limited, and had specific concerns regarding the following: • GDPM Limited’s failure to ensure a valid letter of engagement (LoE) was in place following the expiry of the original LoE in 2021. • Mr Julian Richie and GDPM Limited’s failure to collect service charges from unit owners for the period of 2022-2023 (as was their duty to do under the original LoE). • As a result of Mr Julian Richie and GDPM Limited’s failure to collect service charges from unit owners, there was insufficient funds to pay the block insurance premium for the OMC. This resulted in the OMC being uninsured for a period of up to eight months. To further compound the problem, the OMC was not informed by either Mr Julian Richie or GDPM Limited that they had failed to collect service charges and that there was no insurance cover in place. Indeed the OMC Board only became aware of the issue once a new property management agent was appointed, at which point the issues were discovered. It was also found that despite failing to provide these services, GDPM Limited continued to collect its monthly fee from the OMC throughout. In determining the appropriate sanction, the Authority took into account various factors and a major sanction was imposed: • GDPM Limited to pay to the Authority the sum of €50,000 by way of financial penalty, in addition the sum of €2,000 to the Authority being part of the cost of the investigation (€52,000 total). • Mr. Julian Richie to pay to the Authority the sum of €20,000 by way of financial penalty, in addition the sum of €1,000 to the Authority being part of the cost of the investigation (€21,000 total). 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 30 June 2025. |
| Mr. Michael Carr T/A Cíosanna Éire Nua | 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. |
| Mart | Inspectors of the Authority were appointed to carry out a Compliance Audit on a PSRA licensed Mart. As a result of serious concerns in respect of the management of client moneys at the Mart, the High Court temporarily suspended its licence for a period of a week in February 2023. The High Court ordered that the company pay to the Authority €12,000 including VAT as the agreed cost of the motion. Following consideration of the Inspectors’ Final Investigation Report, the Authority decided to impose a major sanction in respect of the inappropriate financial procedures by the Mart, which was a payment of €13,000 to the Authority. In determining the appropriate sanction, the Authority took into account various factors. The sanction was unopposed by the Mart. The sanction was subsequently confirmed by the President of the High Court, Mr. Justice David Barniville on 19 March 2024. |
| Mart | Inspectors of the Authority were appointed to carry out a Compliance Audit on a PSRA licensed Mart. As a result of serious concerns in respect of the financial management of client moneys at the Mart, the High Court temporarily suspended its licence for a period of a week in February 2023. The High Court ordered that the Mart pay to the Authority €5,000 plus VAT which was the agreed cost of the motion. Following consideration of the Inspectors’ Final Investigation Report, the Authority decided to impose a major sanction in respect of the financial management of client moneys at the Mart, which was a payment of €11,000 to the Authority. This financial penalty was for the various breaches of the Client Moneys Regulations 2012 and for the Mart’s conscious and deliberate misleading of the Authority over the course of many years in relation to its true financial position. In determining the appropriate sanction, the Authority took into account various factors. The sanction was unopposed by the Mart. The sanction was subsequently confirmed by the President of the High Court, Mr. Justice David Barniville on 19 March 2024. The High Court directed that the Mart pay the financial penalty between March 2024 to December 2024. |
| Gníomhaire Eastáit | On foot of information received from an estate agent’s employer, the Authority appointed an inspector to carry out an investigation of the Authority’s own volition into the conduct of the estate agent. Following consideration of the inspector’s Final Investigation Report, the Authority decided to impose a major sanction whereby the estate agent 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 the estate agent. This sanction was confirmed by the President of the High Court, Mr. Justice David Barniville on 23 October 2023. |
| Gníomhaire Eastáit | Inspectors of the Authority were appointed to carry out a Compliance Audit on a licensed company. 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. |
| Cuideachta bainistíochta maoine & gníomhaire | On foot of a complaint received, inspectors of the Authority were appointed to carry out an investigation into the conduct of a property management agents and a property management company. Following consideration of the inspectors’ Final Investigation Reports, the Authority decided to impose a major sanction in two parts: • That both the agent and the companybe required to pay the sum of €5,000.00 each to the Authority by way of financial penalty • Suspend the licence of the agent for 60 days (under paragraph (b) of the definition of “major sanction”) In determining the appropriate sanction, the Authority took into account various factors. The agent subsequently submitted an appeal to the High Court, and upon taking a number of factors into account, Mr Justice Owens determined that while it can be proven beyond a reasonable doubt that the agent did mislead the Authority and improper conduct did occur under limb (a) of the Property Services (Regulation) Act 2011, one of the findings made could not be proven beyond a reasonable doubt. Accordingly, Mr Justice Owens upheld the finding of improper conduct under limb (a), however, modified the sanction instructing; • That both the agent and the company be required to pay the sum of €7,500.00 each to the Authority by way of financial penalty • that the agent and the company be jointly required to pay the sum of €8,000.00 to the Authority by way of contribution towards the costs of the investigation carried out • that the agent and the company pay to the Authority the costs of the proceedings This sanction was confirmed by Mr Justice Alexander Owens, on 2 June 2022 and the agent and company were given 12 months in which to make the appropriate payments. |
| Sinead O'Leary Uasal ó 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:
Ms. O’Leary already had her licence 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 the agent was given 90 days in which to make the appropriate payments. |
| Michael A. O’Leary & Associates Limited (ag trádáil mar Cheantálaithe Foireann Maoine MA O’Leary) | 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 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. |
| Mr. Richard Power ó 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: • That Mr. Power be permanently prohibited from applying for a new licence. • That Mr. Power be required to pay a sum of €5,000 to the Authority by way of financial penalty for the acts underlying the finding of improper conduct made against him. 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 the agent was given six months in which to make the appropriate payments. |
| Sinead O'Leary ó 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:• Permanent revocation of her licence (this prevents the agent from applying for a licence in the future), • A payment of €25,000 to the Authority by way of financial penalty, • A payment of €50,000 into the Property Services Compensation Fund, • A direction that the agent pay a sum of €20,552 to the PSRA, being the cost to the PSRA of the investigation.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 the agent 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 the agent to apply to the High Court for the costs to be varied, if the agent can demonstrate to the Court that they sought to challenge the figure of €20,552 before the Authority prior to the Authority making its decision to impose this sanction. |
| Michael A. O’Leary & Associates Limited (ag trádáil mar Cheantálaithe Foireann Maoine MA O’Leary) | 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 (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 two parts: • Permanent revocation of the licence – this prevents the agent from applying for a licence in the future, • A payment of €100,000 to the Authority by way of financial penalty, 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 the agent was given 6 months in which to make the appropriate payments. |
| Bhí Tony Breathnach ag trádáil mar Real Estate sa Chabhán roimhe seo | On foot of received complaints, inspectors of the Authority were appointed to carry out an investigation into the conduct of Mr. Tony Breathnach and his operation. Following consideration of the inspectors’ Final Investigation Reports, the Authority decided to impose a major sanction in three parts: • Permanent revocation of the licence (this prevents the agent from applying for a licence in the future) • A payment of €50,000 to the Authority • A payment of €48,492.82 into the Property Services Compensation Fund. In determining the appropriate sanction, the Authority took into account various factors. The sanction was unopposed by the former licensee in court. The sanction was subsequently confirmed by the President of the High Court, Mr Justice Peter Kelly, on 25 November 2019 and the agent was given 90 days in which to make the appropriate payments. |
| Gníomhaire Eastáit | 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. |
| Gníomhaire Eastáit | 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. |
Mion Smachtbhannaí
Le héifeacht ón 1 Iúil 2023, i gcás ina bhfaigheann Ceadúnaí trí mhionsmacht nó níos mó i leith trí imscrúdú gearáin neamhspleácha laistigh de thréimhse 18 mí, leanfaidh an tÚdarás ar aghaidh le sonraí an Cheadúnaí lena mbaineann agus ábhair a bhaineann le gearradh an mhionsmacht/na smachtbhanna a fhorchuirtear a fhoilsiú.
Ionchúisimh a ghlac an PSRA as a dtáinig pléadáil chiontach ag na cosantóirí
Urghairí arna ndeonú don PSRA ag an Ard-Chúirt
| Cuideachta nó Duine Aonair | Sonraí an Urghaire |
|---|---|
| Gníomhaire Ligin agus Bainistíochta Maoine | Ar Dé Luain, an 9 Nollaig 2019, dheonaigh Uachtarán na hArd-Chúirte, an Breitheamh Peter Kelly, urghaire don Údarás chun cosc a chur ar an ngníomhaire ligin agus bainistithe réadmhaoine, ó sheirbhísí maoine a sholáthar gan cheadúnas. Cuireann an urghaire cosc freisin ar an ngníomhaire a choinneáil amach mar dhuine atá ar fáil chun seirbhísí réadmhaoine a sholáthar, nó seirbhísí maoine a fhógairt ar aon bhealach.
D'aontaigh an gníomhaire agus ionadaí dlíthiúil an ghníomhaire sa chúirt leis an urghaire. Lorgaíodh an urghaire tar éis imscrúdaithe faoi Alt 89 den Acht um Sheirbhísí Maoine (Rialachán) 2011 Acht) isteach sa ghníomhaire a sholáthraíonn seirbhísí maoine gan cheadúnas. Is cion é seo faoi Alt 28 den Acht. Tá cumhachtaí ag an Údarás faoi Alt 89(7) den Acht urghaire Ard-Chúirte a lorg a éilíonn ar dhuine atá ag trádáil go mídhleathach gan ceadúnas scor de thrádáil láithreach. |