ombudsman
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Features
Student lets can be a minefield, tread carefully
All letting agents will want to ensure that, when instructed by a landlord, they comply with the applicable legal requirements and the obligations set out in the TPO Code of Practice. However there are particular issues that are unique to student lets. It is important, when instructed by a landlord who wishes to let a property to students, to establish if a House of Multiple Occupation (HMO) will be created. www.gov.uk defines a HMO as follows: A property is a House in Multiple Occupation (HMO) if both of the following apply: at least 3 tenants live there, forming more than 1 household each tenant shares toilet, bathroom or kitchen facilities with other tenants The property is a large HMO if all of the following apply: it is at least three storeys high at least five tenants live there, forming more than one household each tenant shares toilet, bathroom or kitchen facilities with other tenants. A household is either a single person or members of the same family who live together. A family includes people who are: married or living together – including people in same-sex relationships relatives or half-relatives, e.g. grandparents, aunts, uncles, siblings step-parents and step-children. Three or more…
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Features
Honesty and evidence is always the best policy
Honesty and evidence is always the best policy” says Jane Erskine, Casework Director, The Property Ombudsman.
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Regulation & Law
The definition of Redress
Do you ever feel like the world is ganging up on you? Sales and letting agents are the whipping-boy of the property industry, they have to belong to an approved redress scheme and can be fined up to £5000 if they do not. The agency, seemingly, is always in the wrong, while buyers, sellers, landlords and tenants are – until proved otherwise – the wronged party. The inference is that the agent is a ‘rogue’ but the number of ‘rogues’ is lower than you’d think. One big issue with redress is that with so many ways to complain, and a rising awareness of our rights, complaining is very popular. The national press delight in reporting on heartbreaking stories of clients let down by rogue agents, always with the inference that it is a common problem, that estate and letting agents, are generally untrustworthy – patently unfair. However, all three redress schemes: The Property Ombudsman, Property Redress Scheme and Ombudsman Services: Property, are still growing in membership and, as a result are reporting an increasing number of complaints. Business is brisk. The Property Ombudsman (TPOS), for example, reported a 42 per cent year-on-year rise. However, TPOS has over 30,000 member offices…
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“The agent who does nothing… is not entitled to a fee,”
"The agent who does nothing… is not entitled to a fee,” says Christopher Hamer, The Property Ombudsman.
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Features
“Reckless referencing can have very serious consequences for agents,”
"Reckless referencing can have very serious consequences for agents,” says Christopher Hamer, The Property Ombudsman.
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Features
“Sellers shouldn’t shift a shed without telling the buyer.”
Christopher Hamer, The Property Ombudsman.
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Features
Letting a home that is For Sale
Early warning? When do you tell the tenant that the landlord is selling the property? Chris Hamer, the Property Ombudsman, advises.
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Features
Handling complaints
As The Property Ombudsman I see many complaints referred to me because the complainant feels, justifiably or not, that the agent has not understood or addressed their concerns in the manner they were expecting. Sections 13 and 15 of the TPO Sales and Lettings Codes of Practice set out the in-house complaint procedure all registered firms are required to have in place. These rules are designed to enable agents to manage the complaint from the day it is received to the point it is either resolved or referred to my office. During my six years as Ombudsman, many agents have informed me of their success in resolving disputes early, without referral to me, by acting in accordance with the Codes of Practice. Indeed, approximately 88 per cent of the enquiries received go on to be dealt with by the agents themselves. However, I still see numerous cases where, had the agent dealt with the matter in the appropriate way, the complainant’s grievances would have been resolved at a much earlier stage and often without my intervention. My Initial Enquires team is the first point of contact for potential complainants. Their role is to establish if and when a complaint has…
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Regulation & Law
Getting the message across
We need to stimulate some healthy debate, says Christopher Hamer, The Property Ombudsman.
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Features
Great expectations
Suggesting a value to put on a property can be minefield, says Chris Hamer, The Property Ombudsmsan.
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