Agent expelled by TPO

After failing to comply with several elements of The Property Ombudsman’s (TPO) Code of Practice for residential letting agents and subsequently failing to pay an Ombudsman’s award made of £1,600 to the complainants, Allen & Crane Estates, a sales and lettings agent based in Burnham near Slough, has been excluded from membership of TPO for a minimum of two years.

The decision to expel the firm came about following a complaint from landlords who raised a number of concerns connected with the performance of the agent when they let a property through the company.

Various complaints were made by the landlord, all of which were upheld to varying degrees by the Ombudsman, Christopher Hamer.

This included the agent allowing tenants to take occupation of the property without the landlords’ knowledge and without evidence of reference checks having been carried out. Additionally, there was also a delay in providing the landlords with a copy of the tenancy agreement. Other issues included the agent’s failure to obtain any security deposit or a valid guarantor agreement, failure to provide regular and clear statements of account following rent being paid in irregular instalments and finally their inability to demonstrate that they had inspected the property regularly or upon check-out.

Following the investigation, the Ombudsman awarded the complainants a total of £1,600 in compensation. Allen & Crane Estates, which had been a member of TPO since May 2007, has still not paid the award.

Christopher Hamer (left) commented “My role as Property Ombudsman is to impartially review complaints made by members of the public against agents based on the evidence that is submitted to me. I aim to promote a resolution in full and final settlement of a complaint, and will determine appropriate redress where I am satisfied that the actions of an agent have disadvantaged a complainant. In examining the issues involved, I take into account the relevant parts of the TPO Code of Practice and the obligations contained therein.

“The shortcomings in the service provided by Allen & Crane Estates that I identified, particularly with regards to the lack of referencing and security deposits, are serious, and are matters which have significantly disadvantaged the complainants. I therefore supported the complaints that have been made.”

The decision to expel Allen & Crane from the TPO for a minimum of two years comes just two weeks after TPO excluded MT Properties Central Limited (MTPC), a sales and letting agent which operates in Birmingham.

MTPC was also punished for failing to comply with parts of the TPO Code of Practice for Residential Letting Agents and for not co-operating with the Ombudsman’s investigation and to date has not paid the award made of £2,300.

The decision to expel MTPC from TPO membership arose following a complaint from landlords relating to a number of aspects of the agent’s service in connection with tenancies at two properties. The Ombudsman found evidence of poor record keeping and administration, and upheld complaints about the collection and payment of rent to landlords, as well as poor service.