The Property Ombudsman
 | |
| Formation | Operational:1990
Underpinned by Statute: Estate Agency: October 1, 2014[2] |
|---|---|
| Type | Ombudsman |
| Headquarters | Salisbury |
| Location |
|
The Property Ombudsman | Rebecca Marsh |
| Website | www |
The Property Ombudsman (TPO) scheme is an ombudsman in the United Kingdom. It has been providing consumers and property agents with an alternative dispute resolution service since 1990.[3][4]
The scheme was underpinned by statute in 2007 (estate agents) and 2014 (letting and managing agents) and approved by the UK government to help consumers settle their disputes with property businesses such as estate agents, letting agents and property management agents.[5][6]
Overview
[edit]The Property Ombudsman scheme can look at complaints made by consumers against agents registered with the scheme. This may include complaints about poor or incompetent service, including for example: communication and record keeping, marketing and advertising, complaints handling, instructions, terms of business, commission and termination, fees, referencing and inventories.[7]
Before the Ombudsman can look at a complaint against a property business, the consumer must first give the business the opportunity to consider the complaint and attempt to resolve matters. If the business completes its complaints procedure or eight weeks have passed since the initial complaint was made to them, the consumer can take their complaint to the Ombudsman.[8]
Processes
[edit]The Ombudsman reaches a decision on complaints based on the evidence presented, legal principles, the relevant TPO Code of Practice[9] and what is fair and reasonable in the circumstances.
Where a property business does not subscribe to a TPO Code of Practice, the Ombudsman will make a decision based on best practice, legal principles and what is fair and reasonable.[10]
Funding
[edit]The Property Ombudsman is a not-for-profit ombudsman scheme, funded through membership and case fees. The income pays for the administration and functioning of the scheme.[11] This model allows TPO to provide a free service to consumers, at no cost to the UK taxpayer.
Impartiality
[edit]The Property Ombudsman publishes an annual report which outlines the proportion of total cases supported. In 2023, 61% of sales cases and 68% of lettings cases were supported in favour of consumers.[12]
The Ombudsman is approved by Government,[13] Trading Standards,[14] the Chartered Trading Standards Institute[15] and the Ombudsman Association[16] as an impartial, unbiased and independent body, though decisions will inevitably be criticised by those parties who have lost.[17]
Status of Ombudsman decisions
[edit]In 2023, TPO received 57,635 enquiries and accepted 5,644 disputes for investigation.[18]
Annual awards worth £1.52m were granted to consumers.[19]
Nearly half of all complaints received by TPO were resolved before an Ombudsman decision was required. 83% of cases resolved by formal decision were found in favour of the consumer.[20] The Ombudsman's decision is the final stage of The Property Ombudsman's process. If the consumer accepts the Ombudsman's proposed decision then this becomes a final decision and will be in full and final settlement of the dispute. Should the consumer not accept the proposed decision they have the choice to make a representation or choose to reject the decision. If the consumer does not accept the Ombudsman's decision their legal rights are not affected and are free to pursue the complaint through the courts.
Accountability
[edit]The Property Ombudsman's Board[21] has four main roles:
- Appoint the Ombudsman
- Set the Terms of Reference for the Property Ombudsman Scheme
- Ensure the Ombudsman's independence
- Approve the Ombudsman's budget
The Property Ombudsman has an independent reviewer who can consider complaints regarding the service provided by TPO. Raj Tutt is the current independent reviewer.[22]
Satisfaction surveys are conducted for both consumers and property agents; these are conducted on a regular on-going basis and focus on two main factors: Service and Decision/Resolution Satisfaction.[23]
Ombudsman
[edit]- David Quayle, 1990 – 1999
- Stephen Car-Smith, 1999 - 2006
- Christopher Hamer, 2006 - 2015
- Katrine Sporle, 2015 – 2020
- Rebecca Marsh, 2020–Present
Governance structure
[edit]In 2018 TPO changed its governance structure from a separate council and board to a unitary board.[24][25] The unitary board is chaired by Baroness Diana Warwick who was previously chair of the TPO council.[26]
Approvals
[edit]The Property Ombudsman has a number of different approvals it needs to report to either annually or bi-annually.[27][28][29][30][31] These are:
| Function | Scope | Scheme or regulations |
|---|---|---|
| National Trading Standards Estate & Letting Agency Team (NTSELAT) | Estate Agents | OFT Approval of estate agents redress schemes (April 2008) |
| National Trading Standards Estate & Letting Agency Team (NTSELAT) | Estate Agents | The Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015 |
| Ministry of Housing, Communities, and Local Government | Letting and Management Agents | The Redress Scheme for Lettings Agency work and Property Management, Conditions for approval - Final December 2013. |
| Chartered Trading Standards Institute | All Jurisdictions (excluding estate agents) | The Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015 |
| Ombudsman Association | All jurisdictions | Ombudsman Association Rules |
| Chartered Trading Standards Institute | Codes of Practice (Estate and Letting Agents) | Consumer Codes Approval Scheme – Core Criteria and Guidance |
References
[edit]- ^ [1] at legislation.gov.uk
- ^ [2] at legislation.gov.uk
- ^ "Companies House - Free Company Information".
- ^ "TPOS - About us page".
- ^ "Which? - How to complain about your property agent".
- ^ "TPOS - Consumer Frequently Asked Questions".
- ^ "TPOS - Annual Report 2017" (PDF).
- ^ "Citizens Advice - Complaining about your letting agent".
- ^ "TPOS - Codes of Practice".
- ^ "TPOS - Frequently Asked Questions".
- ^ "TPOS - About us page".
- ^ "Annual Report 2023" (PDF).
- ^ "GOV.UK - Estate Agency Redress Schemes".
- ^ "NTSEAT - Consumer Information".[permanent dead link]
- ^ "CTSI - ADR Approvals".
- ^ "Ombudsman Association - Member Approvals".
- ^ "TPOS - Google Reviews".
- ^ "2023 Annual Review". TPO. 7 June 2024. Retrieved 24 June 2024.
- ^ "2023 Annual Review" (PDF). TPO. 7 June 2024. Retrieved 24 June 2024.
- ^ "2023 Annual Review" (PDF).
- ^ "TPOS - Unitary Board".
- ^ "The Property Ombudsman". www.tpos.co.uk.
- ^ "TPOS - Annual Report 2017" (PDF).
- ^ "Property Industry Eye - The Property Ombudsman alters complaints process to speed up disputes". Property Industry Eye. 5 September 2018.
- ^ "Estate Agent Today - TPO announces key changes as membership nears 20,000". Estate Agent Today. 6 September 2018.
- ^ "TPOS - Press Release". The Property Ombudsman Scheme. 5 September 2018.
- ^ "Ministry of Housing, Communities, and Local Government - The Redress Schemes for Lettings Agency work and Property Management Work Conditions for Approval - Final" (PDF).
- ^ "Office of Fair Trading - OFT approval of estate agents redress schemes Criteria - final April 2008" (PDF).
- ^ "Statutory Instruments - The Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015".
- ^ "Chartered Trading Standards Institute Consumer Codes Approval Scheme Core criteria and guidance" (PDF).
- ^ "Ombudsman Association - Rules of the Association".
