Wednesday, October 23, 2024
All our decisions are based on the evidence provided by both member and complainant as well as all relevant regulations, industry guidance, codes of practice and the law, our terms of reference and conditions of resolution
· an apology
· damages for evidence of loss and costs spent to remedy a situation
· compensation payments for things like distress and inconvenience
Members must comply with all decisions in the time given.
We will call the member and send reminder emails confirming the deadlines, ask for updates and provide any next steps.
We will keep the complainant updated and expect them to keep us informed if the member complies with the decision, at any point, either partly, or in full.
Both parties must write to us if the member settles in full, on or before the given deadline. Once the member has paid any complaint fee due, the case will then be closed.
Sometimes the member chooses not to comply with the decision and/or pay any complaint fee due, despite our best efforts to chase by email. They will be given another 10 working days to comply.
We will then begin to carry out a full investigation in line with our terms of reference and conditions of resolution. The member will be charged a fixed penalty fee of £100.00 for non-compliance.
If the member agrees and settles any award and pays any complaint fee due within five working days, the penalty fee invoice will be waived and the case closed.
If the member refuses to settle the decision and/or pay any complaint/penalty fee due, our compliance officer will make a recommendation to the Head of Redress and Managing Director who will decide if the scheme should expel the member.
A member can comply with the decision at any point before being expelled, but will remain responsible for paying any complaint fee owing, as well as the penalty fee.
If the decision is to expel membership, reasons will be sent to the member in writing. This process can take up to 10 working days.
If a member is expelled, we will inform the other Government authorised consumer redress scheme, National Trading Standards Estate and Letting Agent Team, the relevant local authority and any trade association which the member has joined. We will also:
· add the name of the member to a public list of expelled members and,
· reserve the right to send out a press release about the expulsion
For members who have joined on a voluntary basis, our internal rules will still apply, however, if the member has been expelled, we will only notify the Property Ombudsman in line with our Memorandum of Understanding. and the expelled member will not be able to join the other scheme until such time as they have complied fully with our decision. At any point before a membership is cancelled, the agent still has an opportunity to comply with the decision and avoid their membership being cancelled but will remain responsible for paying any complaint fee due, as well as the penalty fee.
No. The two schemes have an agreement to share the information, with each other, when a property agent’s membership has been cancelled. No agent in this position will be accepted by the other consumer redress scheme unless confirmation is provided by the first scheme that the agent has settled all responsibilities to the scheme and complied fully with any outstanding awards.
Trading Standards are there to protect the consumers of businesses across the UK. Trading Standards officer’s (TSOs) are responsible for investigating consumer complaints against a business and make sure they do not breach the consumer trading regulations.
Where a member has been formally expelled from a redress scheme and has not been able to join another redress scheme for the reasons described above, if they continue to trade they would be doing so illegally. Trading Standards are the lead authority in enforcing this legislation and will investigate these matters. Members can be fined up to £5000 for any breach.
Key point - Trading Standards have the power to close down businesses, change business practices and take a business to the First Tier Tribunal where appropriate.
The person making the complaint can follow one, or both of the following processes where the member has not complied with a redress scheme’s decision:
First, we recommend contacting their local Trading Standards office, who will be aware from National Trading Standards that the agent is currently expelled from the scheme and, if they are still in business, trading illegally.
Second, as we are a Government authorised dispute resolution service, the complainant has the choice of taking the scheme’s decision to court who can order the business to comply.
“Our decisions carry weight in a court of law and the agent is bound by what we decide. A court can also add costs or additional damages if they feel it’s appropriate. Do however take legal advice before pursuing a claim”
