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If as a residential landlord or tenant you have a complaint about your letting agent then you may be able to resolve it by using the Property Ombudsman Scheme (TPO). The TPO Scheme can award up to £25,000 to compensate you for 'actual, proven financial loss as a direct result of the actions or inactions of the agent and/or any avoidable aggravation, distress and inconvenience, over and above what is a stressful and inconvenient process at the best of times'.
The TPO Scheme
According to its website (www.tpos.co.uk), the TPO Scheme 'provides a free, fair and independent service for dealing with unresolved disputes between member agents and tenants and landlords of property in the UK'.
Complaints considered by the Ombudsman
The Ombudsman can investigate complaints made by landlords and tenants about their letting agent. Such complaints might arise if you consider that the letting agent has done any of the things listed below.
- Infringed your legal rights.
- Failed to follow the rules and obligations contained in the TPO Letting Code of Practice or failed to comply with any internal rules, procedures or statements of practice of the member.
- Treated you unfairly.
- Been guilty of maladministration (including inefficiency or undue delay).
The above factors must have resulted in you losing money or suffering avoidable stress or inconvenience.
Examples
Examples of disputes referred to The Property Ombudsman include:
- A letting agent's failure to perform adequate tenant referencing checks.
- Failure by the letting agent to regularly inspect the property, thereby resulting in property deterioration.
- Letting agents failing to explain that holding deposits are forfeited if the tenant does not proceed with renting the property.
Complaints not considered by the Ombudsman
The Ombudsman cannot deal with complaints in the following areas.
- Letting agents who are not members of the TPO Scheme.
- Complaints which are being, or have been handled by a court or similar body.
- Complaints concerning something that happened before the letting agent joined the letting part of the TPO Scheme or more than 12 months before you complained in writing to the letting agent.
- Complaints made more than six months after the date of the letting agent's final viewpoint letter.
Ombudsman action
Once your complaint is received, you will be sent a complaints form, together with information regarding its correct completion and how a decision is reached.
At every stage you will be informed of the options available to you.
Once the Ombudsman has reached a decision you are free to accept or reject it. However, the letting agent has to follow the Ombudsman's decision.
Acceptance means that you accept an award of financial compensation in full and final settlement of your dispute with the letting agent.
Rejection means that the Ombudsman's award will lapse and you can pursue further courses of action against the letting agent, including legal action.
Further Information
The Property Ombudsman
Beckett House
4 Bridge Street
Salisbury
Wiltshire
SP1 2LX
Telephone: 01722 333306
Facsimile: 01722 332296
Website: www.tpos.co.uk
Email: admin@tpos.co.uk
Related articles:
Attracting and keeping tenants
Legal tips for landlords
Dealing with problem tenants
General landlord information (DIY, Inventories and more..)
Energy-saving tips for landlords and tenants
Financial tips for landlords
Buying a buy-to-let property (auctions, location etc)
Insurance for landlords
Using letting agents
Mortgage information for landlords
The information contained within this article is for general information purposes only, it does not constitute advice. Direct Line for Business endeavours to keep the information up to date and correct but does not make any representation or warranties of any kind about its completeness, accuracy, reliability or suitability. Any reliance you place on the information is strictly at your own risk. Direct Line for Business will not be liable for any direct or indirect loss or damage arising out of or in connection with the use of this information.
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