Estate Agent Complaints

Before escalating to a redress scheme, you must exhaust the agent's internal complaints procedure. Put your complaint in writing, addressing it to the branch manager or, if that fails, the regional or national complaints team. Your complaint should include:

• A clear description of what went wrong
• The specific impact on you (financial loss, delay, missed opportunity)
• Any relevant evidence (emails, contracts, invoices, photographs)
• What you are asking the agent to do to put things right

The agent must acknowledge your complaint and issue a final response within 8 weeks. If they do not respond within this time, or if you are unhappy with their final response, you can refer to their redress scheme.

There are two approved schemes that estate agents and letting agents must belong to:

• The Property Ombudsman (TPO): The largest scheme, covering most high street estate agents and many letting agents. Refer complaints at tpos.co.uk. The TPO can award up to £25,000 in compensation.
• The Property Redress Scheme (PRS): An alternative scheme used by some agents. Refer complaints at theprs.co.uk.

Both schemes require you to have received a final response from the agent before they will accept your referral. You typically have 12 months from the agent's final response to refer the complaint. Schemes are free to use and decisions are binding on member agents if you accept the outcome.

Since 1 June 2019, the Tenant Fees Act 2019 bans most fees charged to tenants by letting agents in England. The only permitted payments from tenants are:

• Rent
• Refundable holding deposit (capped at one week's rent)
• Refundable tenancy deposit (capped at 5 weeks' rent for rents under £50,000 per year)
• Payment for defaults (lost keys, late rent)
• Payment to change or terminate tenancy at your request

If a letting agent charges you a prohibited fee, you can recover it through the county court. Report prohibited fees to your local Trading Standards, as agents can face civil penalties of up to £5,000 for first offences and up to £30,000 for repeated offences.

The Property Ombudsman (TPO) is the largest property redress scheme in the UK and handles the majority of estate agent and lettings agent complaints. Understanding how the TPO process works — and what it can and cannot do — helps you use it effectively.

The TPO complaint process step by step: Before the TPO will accept your complaint, you must exhaust the agent's internal complaints procedure. This means: (1) raising your complaint formally in writing with the branch; (2) if dissatisfied, escalating to the agent's head office complaints department; and (3) obtaining a written final response. You then have 12 months from the date of the agent's final response to submit your complaint to the TPO. Submitting late will generally result in the complaint being rejected. The TPO will then send your complaint to the agent for comment, consider both sides' evidence, and issue a decision. The average TPO case takes several months.

What the TPO can award: The TPO can award financial redress for financial loss, distress and inconvenience, and the costs of pursuing the complaint. Awards for distress and inconvenience alone are typically modest — in the range of £50 to £500 — but awards for substantive financial loss can be significantly higher. The maximum award is £25,000. The TPO cannot award costs for legal representation, and its decisions are binding on member agents if you accept the outcome.

What the TPO Code of Practice covers: The TPO Codes of Practice for residential estate agents and lettings agents set out the standards agents must meet. Common breaches include: failure to pass on offers promptly; misleading property descriptions or photographs; failures to carry out due diligence on buyers or tenants; conflicts of interest not disclosed; mishandling of client money (including deposits); and failure to respond to complaints within required timeframes. The TPO assesses whether the agent's conduct was in accordance with their Code — so reviewing the relevant Code before submitting your complaint helps you frame it in the right terms.

Evidence for your TPO complaint: Gather: your written agreement with the agent (the agency agreement, including fees and terms); all correspondence with the agent; the property particulars and any photographs used in marketing; evidence of any financial loss (for example, a lower sale price achieved due to the agent's failure, or costs incurred because of delays); and any communications from third parties affected by the agent's conduct (for example, a buyer confirming an offer was not passed on). A well-evidenced complaint to the TPO is far more likely to succeed than a vague allegation.