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property ombudsman

Property Ombudsman: making a complaint

Having an issue with your estate agent, quick sale firm or lettings company? Been treated badly but have found that complaining to them has gotten you nowhere? That’s where a Property Ombudsman can step in. We take a look at how they work and how they can help you...

Whether you’re buying, selling or renting a home, we all know things can and do go wrong in the property world and that’s sometimes because someone messes up. But what can you do if you find yourself out of pocket or seriously inconvenienced because of a property professional? Well, if they aren’t listening to you, you could take your case to the courts. On the off chance you haven’t got a few thousand pounds and a few free months to spare, you may be looking for an easier option. And that’s where an Ombudsman comes into it.

In short, these redress schemes provide consumers with a free alternative to going to court and should independently resolve your complaint about a company.

Who are Ombudsmen and how do they work?

There are now two redress schemes for the property industry: The Property Omubudsman (TPOs) and The Property Redress Scheme. There was a third called Ombudsman Services: Property, but they are no longer operating in the property sector.

Which Ombudsman you go to depends on which redress scheme the company you are complaining about is a member of

The Property Ombudsman (TPOS)

The Property Ombudsman Service is the largest scheme and was established in 1990.

TPOS will do everything possible to offer you advice and guidance and will undertake early resolutions wherever possible.  If a complaint is complex, the Property Ombudsman  will consider all the evidence from both parties  (it’s vital that you include as much supporting information as possible).  If the Ombudsman thinks you have a point, it will contact the company you’re complaining about with a decision. The company then have 14 days to accept that decision or appeal against it.  They can only appeal, however, if they can prove there is an error in the Ombudsman’s findings or if new evidence has come to light. The Ombudsman will then write to you with their decision and you’ll have 28 days to respond to it.

If TPOS supports your claim, it can make a financial award to you of up to £25,000, although it’s unlikely you’d ever get that much. The Ombudsman says average claims are usually closer to £500 for lettings complaints and £350 for sales.

TPOS says the most common complaints relate to communication, record keeping and marketing.

The Property Redress Scheme

The Property Redress Scheme was launched in 2014 and is part of HF Resolution LTD which also runs the tenancy deposit scheme, My Deposits.

When you complain to the Property Redress Scheme, a case assessor will first assess the validity of the claim. The company is then given the chance to resolve the complaint or send a rebuttal within 10 working days. After this time period, the case assessor will decide if the complaint should progress.

Once again, any decision made by the Scheme can only be changed if an error has been made. Once confirmed, you’ll have 15 working days to confirm whether you agree with the decision and, if you do, the company in question will have 10 working days to comply with it.

If you don’t agree with the Ombudsman’s decision you can take your case to the courts

What powers do the Property Ombudsman have?

All two schemes can make a financial award of up to £25,000, although awards tends to be much smaller.

If the scheme member does not comply with what has been ordered of them, they’ll be expelled from the scheme. This may sound a bit of a non-punishment (like being told you’re no longer allowed to follow the rules at work) but it does actually have consequences. You see, in order to operate as a property business, firms must be a member of one of these authorised redress scheme bodies. If they’re not, they can no longer carry on trading. If a company is kicked out of one scheme for not following the rules, it’s unlikely either of the other two schemes are going to be welcoming them with open arms. In short, it’s game over for that company.

There is an agreement between the redress schemes that if an agent has not honoured the decision of one of the schemes, they cannot join another scheme until that obligation has been met.

Can I complain to a Property Ombudsman straight away?

No, both schemes will require you to complain directly to the company first using their internal complaints procedure. It’s only once you have exhausted this and still not got anywhere that the Property Ombudsman will step in. You must give the company eight weeks in order to respond to your complaint before contacting an Ombudsman.

As part of this process make sure that if you accept any offer or reduced fee from the agent, that you do so on a “without prejudice basis” and not in full and final settlement of the dispute.  To do otherwise could mean you are no longer permitted to take your complaint to the Ombudsman.

I can’t work out which Ombudsman to complain to?

As we mentioned, which one you go to depends on the which redress scheme the company is a member of. If it isn’t displayed in their shop window or website, ask the firm with which you have a dispute. Otherwise, you could check the websites of the three schemes where member firms are listed. In the event that the company in question is not a member of any of the schemes, you can complain to the trading standards.

 


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8 Comments

  1. Hi Thomas, check the detail of the contract you have with the estate agent. It should clearly set out what fees and commission will be charged.

    Comment by Sara Hind — November 21, 2018 @ 11:03 am

  2. Hi. Me and my wife got new house on a fixe price.
    Then me and my wife put our house if for sale with the same estate agent.
    The estate agent told us we be really luck to get a price of over £300000.
    So I change is 0.85% for anything under £300000 and 20% for any sale over the price of £300000. We got offer of £326500.
    So now the estate agent charging us £10000 ot sale other house.
    Can estate agent charge this.
    Thomas

    Comment by Thomas bryan — November 21, 2018 @ 8:12 am

  3. Hi Janis, the answer depends on whether you are changing agents or not. If you’re moving to a new agent that hasn’t listed the property before, it will show as a new listing straight away. If you want something definitive to show your agent, you could contact RightMove customer services and get the answer direct from them – your agent can’t quibble then!

    Comment by Sara Hind — November 19, 2018 @ 3:30 pm

  4. Please, could you advise me how long my property has to be withdrawn from Rightmove before it can be recently added as a new listing?
    The realestate agent says 6 months yet the homeowners alliance states 14 weeks.

    I would like something definitive to show my agent.

    Regrds Janis

    Comment by janis Dobrin — November 10, 2018 @ 10:39 am

  5. Hi Jaqui, the devil is in the detail on this one and to be able to advise we’d need to see the contract the owners had with the agent and clarify with the owners how they went about terminating the agreement. If they had a sole selling rights agreement with the agent then they may well be liable to pay commission. Perhaps you could tell the owners about us – one of the benefits of membership of the HOA is that we will take a look at estate agent contracts and provide advice.

    Comment by Sara Hind — October 3, 2018 @ 11:49 am

  6. I bought a house that had been for sale for over a year until the vendors decided to take it off the market and stay put – tired of viewings that got no further than the front door. They had a contract with an estate agent well-known to be ‘dodgy’ . Their initial contract with him was for 60 days, which he altered by hand to 20 weeks. However they waited for 18 months before deciding to give up, and so ended the contract.
    I happened to be chatting to a mutal friend about downsizing and she suggested I approach the owners of the property to see if they would consider a private sale. To cut a long story short, the purchase went through – 5 months after the cancellation of the contract with the estate agent. He is now claiming commission even though neither he nor anyone in his employ showed me the property. Is this legal ? I have advised my vendors to take the matter further as this estate agent is well known in West Oxfordshire to be a bully and erring on the side of dishonesty and sharp practice!!

    Comment by Jaqui Hill — September 27, 2018 @ 10:54 am

  7. Hello Amanda, you can read our article on this subject here.

    Comment by Sara Hind — September 10, 2018 @ 3:21 pm

  8. Dear Sir/Madam,
    My husband and I bought an old cottage in April 2017. Before purchase we asked for a comprehensive structural survey from a firm with RICS registration. We asked their advice about which survey to perform and followed it.
    The survey did not reveal any significant problems. We bought the property and started to notice problems with damp in August, The surveyor we employed was a “Damp specialist”. The problem became so bad we needed to have extensive re-pointing done costing around £6000. We have gone back to our surveyor and them via a solicitor to no avail. Who can we complain to?

    Comment by Amanda Pegden — August 30, 2018 @ 4:31 pm

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