Rental agent loses appeal against Propertymark eviction

A letting agent whose business was the subject of a BBC investigation You and yours after complaints about the management of a student HMO she looked after, lost her appeal against the cancellation of her Propertymark membership.

Mish Liyanage, whose rental agency Student house manages the semi-detached property in Peel Mount, Salford (main photo), had appealed the suspension following an initial decision in December last year.

Liyanage, as a member of Propertymark, was found to have breached its code of conduct on several occasions, including forging a person’s signature on a waiver form, which it claimed proved the tenants were aware of the poor condition of the property. repairs before they move in.

The arbitration panel also said it believed he had violated consumer protection law when advertising the property.

Read the full judgment.

Liyanage was suspended but appealed the decision and, it has been confirmed, lost that appeal although Liyanage told the BBC he had resigned. He was allowed to reapply for membership within 12 months, “based on modified and improved practices,” the appeal statement said.

As part of the original judgment he was fined £5,000 and ordered to pay costs totaling £2,218.

Complaint

The affair began after one of Salford HMO’s tenants, Finnish Hefferandeciding to publicize the property after he and his friends (main photo, inset) found that the property lacked basic security features and was in need of remedial work, including the replacement of a boarded-up window.

He, supported by his mother Naomi, attempted to repair the property’s defects, but instead faced resistance from Liyanage in meeting their demands, they claimed.

Good condition

Following both the BBC and Propertymark probes and an enforcement notice from the local council, the HMO has been improved and, according to Liyanage, is now “in very good condition”.

But Naomi Hefferman subsequently criticized Propertymark’s legal process for taking six months and that the December 2023 arbitration declaration had “talked about…how (the case) had been broadcast and how that had discredited Propertymark…rather than the “wrongdoing itself,” she told the BBC. “I found it quite disconcerting.”

Naomi added that she wanted to see Propertymark show greater support in the future for people like her son who have faced misconduct from its members.

Liyanage released a statement saying his company has now implemented “robust standard operating procedures which must be strictly adhered to by all employees” and that he has resigned his membership with Propertymark. The Neg asked Propertymark to confirm this.

Impartially

A Propertymark spokesperson said: “Our independent compliance and discipline process has gathered evidence impartially from all parties involved to enable our disciplinary committee to reach its conclusion – with the outcome available on our website Web.

“We are proud to have been able to pursue an independent appeal based on the evidence provided. We must, however, be extremely respectful of some of the wider factors highlighted by the BBC which are firmly outside the scope and jurisdiction of any professional body.

“It is imperative that we remain aware that open discussion may result in undue influence if some of the issues contained in the broadcast move forward.”

Listen to the entire You & Yours program.

Photo credit: BBC/Google Streetview