How to complain about an estate agent (TPO or PRS)

The agent stopped returning calls, didn’t pass on an offer, or let the sale drift for weeks. Whether you’re selling or buying, you can complain, and there is a free, independent scheme behind every estate agent. It works in a fixed order, though, and the time limits matter.

What you can complain about

The Property Ombudsman looks at complaints about the service a property business gave you, such as:

• delays: taking too long to do something;
• failure to communicate: not telling you what’s happening or not explaining things;
• failing to follow instructions: not doing something you asked, or doing something you asked it not to do.

Some duties are set in law or official guidance. An agent must forward every offer to its client promptly and in writing, unless the client said in writing not to pass on that kind of offer (the Estate Agents (Undesirable Practices) (No. 2) Order 1991, Schedule 3). The government’s How to sell a home guide adds that estate agents must make reasonable enquiries about a property and disclose any important information they become aware of to potential buyers.

The scheme doesn’t make legal decisions, fine businesses or investigate crimes; it looks at whether the agent acted fairly and gave a reasonable service.

Step 1: complain to the agent, in writing

Every route starts here: GOV.UK and the government’s guide both say to use the company’s own complaints procedure first, and The Property Ombudsman won’t accept a complaint that hasn’t been through it.

1. Ask for the agent’s formal complaints policy. It should be on the agent’s website.
2. Say clearly that you are making a formal complaint, and put it in writing. If you complain by phone or in person, make notes of what was said and when.
3. Keep it factual: what went wrong, with dates; the effect on you; and what you want, such as a weekly written update, a named person on your file, or a remedy.
4. Ask which redress scheme the agent belongs to in the same letter, so you know where to go next.

The Property Ombudsman publishes a complaint letter template on its website if you need help with the wording.

Step 2: find the agent’s scheme

All estate agents must belong to a redress scheme, and there are two: The Property Ombudsman and the Property Redress Scheme. Citizens Advice adds that agents that don’t join a scheme can be fined. Ask the agent which one it belongs to, or check online (MHCLG), then follow that scheme’s complaints procedure.

• The Property Ombudsman is a free, impartial service approved by MHCLG. It has a register of property businesses you can search.
• Property Redress says it resolves disputes between consumers and property agents through initial assessment, mediation and formal adjudication, and that its members must display their redress certificate and its logo in their branch window and on their website. Check its own site for its rules and time limits before you rely on the ones below, which are The Property Ombudsman’s.

The Property Ombudsman’s time limits

As The Property Ombudsman published them when the kit was checked:

• complain to the agent within 12 months of the event, or of the date you became aware of it;
• you can refer to the ombudsman once you have the agent’s final response (its “final viewpoint” letter), or 8 weeks after you first complained if you have no final response;
• refer within 12 months of the agent’s final response;
• if the agent ignores you, follow up after 15 working days; if there is still no reply after another five working days, you can refer without waiting the 8 weeks.

Step 3: refer your complaint

The Property Ombudsman takes complaints through an online form, and says to tell it if you can’t use the form. Be specific about what went wrong and what you would like as the outcome. You will need to upload:

• your first complaint: a copy of the email or letter you sent the agent;
• the agent’s final response, or, if there wasn’t one, its last reply to your complaint.

Each needs to show the date it was sent or received, and be clear and legible. The service is free, you don’t need a lawyer, and a friend, a relative or Citizens Advice can help, with your permission. The agent can’t charge you for dealing with your complaint, and isn’t allowed to discourage you from bringing it to the ombudsman.

What happens, and what you might get

The Property Ombudsman first checks that it can accept the complaint. It may then try early resolution, inviting the agent to make an offer; if it thinks an offer is fair and reasonable, it may close the case even if you disagree. Otherwise an adjudicator looks at the evidence, usually speaks to you, and writes a proposed decision.

If you received poor service, the agent can be told to put matters right, pay you compensation, limit or refund its fees, apologise formally, or improve the way it works. Be realistic about the money:

• awards “tend to be hundreds rather than thousands of pounds”; the average is between £100 and £400, and most awards are between £300 and £600;
• the current wait for a decision is 3-6 months, and once a case is allocated it aims to decide within 90 days, except complex cases;
• if you accept an award, the agent pays you directly within 28 days;
• accepting a decision settles your complaint in full, so take advice first if you think a court should look at part of it. You can instead reject the decision and pursue it elsewhere.

Should you stop paying the agent’s fee?

Not without thinking it through. The Property Ombudsman warns that if you don’t pay a business’s fees, it could take legal action against you, and it may wait for a court’s decision before looking at your case. It suggests instead:

• telling the agent why you think the fee is unfair;
• asking it to delay chasing payment until the complaint is finished (it doesn’t have to agree, and you shouldn’t ignore a demand);
• paying “without prejudice”, which means you pay without agreeing the fee is due.

What the fee is, and when it is due, is set by your estate agency agreement: the agent must confirm its charges and rate of commission when it agrees to act for you (Citizens Advice). Our guide to a buyer pulling out explains who pays which fees when a sale falls through.

Keep the sale moving meanwhile

A complaint won’t rescue this month’s exchange: decisions take months, and awards are modest. Its value is that it gets a senior person to look at the file and creates a record. To get the sale moving, climb the chasing ladder in parallel: a specific question with a reply-by date, then a phone call to the branch manager, then the agent handling the slow link in the chain.

If the problem is your solicitor or licensed conveyancer rather than the agent, the route is different: complain to the firm, then the Legal Ombudsman. Our guide Conveyancer not responding? sets out that ladder and its time limits.