We are committed to dealing with all complaints fairly and impartially and recognise that every complaint is individual.
Before deciding if the agent has made a mistake or treated the consumer unfairly, we will investigate both parties’ positions and their evidence. Any award we make will be based on what is fair and reasonable in the circumstances.
This guide gives a general overview of our approach to making an award.
Where an award differs from this guide, we will explain the reasons in our decision.
| We can deal with a complaint if the member: |
Our awards can include: |
- has not met their legal or contractual responsibilities
- has affected or breached the consumer’s rights
- has not acted in line with any code of practice they signed up to
- has treated the consumer unfairly which may include:
- poor or incompetent service
- rudeness or discourtesy
- a lack of clear explanation
- not completing a transaction efficiently or as reasonably expected
- avoidable delays by the member in delivering agreed or expected service(s)
More information can be found in our Conditions of resolution here.
|
- a meaningful apology
- an explanation
- practical action/solution to minimise any loss
- repayment of actual loss and/or costs paid, supported by relevant evidence
- a payment, where appropriate, for inconvenience and distress
- an appropriate action suggested by the person making the complaint, or decided by us
|
Award bands
We are authorised to make awards based on the following bands:
| Apology |
Compensation Amount |
Description |
|
See our guide to apologising
|
Mild: Up to £200 |
Minor breach with little or no distress or inconvenience, if any |
|
Moderate: £200 - £500 |
Moderate breach, on-going issues over a length of time |
|
Substantial: £500+ |
Major or multiple breaches and/or serious distress (based on evidence of extensive disadvantage) |
Most common complaints
The most common types of complaints that we deal with include:
| Where the Agent: |
The Agent Did Not: |
Award Band |
| showed a lack of duty of care |
provide any formal complaints process |
mild |
| could have communicated more effectively |
act professionally and was rude |
mild |
| respond in a reasonable time |
mild |
| respond at all |
mild |
| did not respond to the formal complaint at all, quickly enough, or the response was unreasonable |
mild |
| caused loss, delays, and inconvenience |
extensively fell short in their duty of care and professionalism |
moderate |
| provided misleading information |
provide material information such as fees and charges |
moderate to substantial |
| provide accurate information leading to a breach of Consumer Protection Regulations |
substantial |
| did not act on a tenant’s requests at the start of the tenancy |
not cleaning the property |
mild |
| not carrying out repairs |
mild |
| not removing previous tenant’s belongings |
mild |
| not carrying out health and safety checks |
mild |
| did not act, as instructed, or did not meet their contractual, legal or statutory responsibilities |
provide a tenancy agreement |
mild |
| provide a management agreement |
mild |
| provide inspection reports or inventory/check-in and check-out reports |
mild |
| carry out adequate referencing |
mild to substantial |
| carry out Right to Rent checks, if needed |
moderate |
| protect a tenant’s deposit |
moderate to substantial |
| produce an inventory/check in or check out report |
moderate |
| produce a valid EPC |
moderate |
| carry out any inspections |
moderate |
| arrange essential safety checks – e.g. GSC, EICR |
moderate |
| serve notice to a tenant |
mild to substantial |
| did not transfer rent to the landlord on time |
mild to substantial |
| carry out necessary or agreed repair work |
mild to substantial |
| produce annual accounts for a leaseholder or RMC |
mild |
| did not give correct notice to enter a property |
mild |
How evidence can affect awards
| Where the Agent: |
The Agent Did Not: |
Award Band |
| showed a lack of duty of care |
provide any formal complaints process |
mild |
| could have communicated more effectively |
act professionally and was rude |
mild |
| respond in a reasonable time |
mild |
| respond at all |
mild |
| did not respond to the formal complaint at all, quickly enough, or the response was unreasonable |
mild |
| caused loss, delays, and inconvenience |
extensively fell short in their duty of care and professionalism |
moderate |
| provided misleading information |
provide material information such as fees and charges |
moderate to substantial |
| provide accurate information leading to a breach of Consumer Protection Regulations |
substantial |
| did not act on a tenant’s requests at the start of the tenancy |
not cleaning the property |
mild |
| not carrying out repairs |
mild |
| not removing previous tenant’s belongings |
mild |
| not carrying out health and safety checks |
mild |
| did not act, as instructed, or did not meet their contractual, legal or statutory responsibilities |
provide a tenancy agreement |
mild |
| provide a management agreement |
mild |
| provide inspection reports or inventory/check-in and check-out reports |
mild |
| carry out adequate referencing |
mild to substantial |
| carry out Right to Rent checks, if needed |
moderate |
| protect a tenant’s deposit |
moderate to substantial |
| produce an inventory/check in or check out report |
moderate |
| produce a valid EPC |
moderate |
| carry out any inspections |
moderate |
| arrange essential safety checks – e.g. GSC, EICR |
moderate |
| serve notice to a tenant |
mild to substantial |
| did not transfer rent to the landlord on time |
mild to substantial |
| carry out necessary or agreed repair work |
mild to substantial |
| produce annual accounts for a leaseholder or RMC |
mild |
| did not give correct notice to enter a property |
mild |
