Please Note: All references to the masculine include the feminine on TPO website and documents.
Welcome to The Property Ombudsman Scheme
Latest News from the Property Ombudsman Board
Changes to Codes of Practice with effect from 1st August 2011
There are just a few days remaining until the new TPO Codes of Practice come into effect on August 1. They are extremely important, so there is only one other topic in this newsletter.
Changes to Membership Fees and Coverage
Over many years TPO has been charging for each office and each jurisdiction. We have reviewed our processes and looked at the service we provide from the point of view of both the agent and the consumer.
Bill McClintock
The Ombudsman scheme started in 1990 and was extended in 1998 to its present form as a voluntary redress body to resolve complaints against residential estate agents and residential letting agents. It is paid for by subscription on a per office basis by the Industry and is free to consumers. However, before a complaint can be referred to the Ombudsman it must be put to the agent's internal complaints procedure. There are no further costs to Members for resolving disputes.
In many cases disputes are resolved without a formal referral but the office in Salisbury deals with over 12,000 enquiries during the year and around 1,000 cases per annum brought to the Ombudsman for resolution.
There are Codes of Practice and Consumer Guides available for agents and consumers. We carry out a monitoring process to establish how consumers view the service they receive from their sales agents. The Residential Code of Practice is approved by the OFT under its Consumer Codes Approval Scheme and your Membership entitles you to use a joint TPO/OFT approved code logo in respect of residential sales.
The Property Ombudsman welcomes you as a Member and is pleased to give advice to you whenever it can and provides newsletters on industry related matters.
Bill McClintock,
Chairman of the Board
Membership Information
The Property Ombudsman Limited is approved under the Consumer Estate Agents Redress Act 2007 which came into force on 1st October 2008. The Act requires estate agents to belong to an independent approved redress scheme which will determine disputes between estate agents and buyers or sellers of residential property in the UK. The Act also strengthens the regulation of estate agents through measures such as:
- allowing trading standards officers to inspect those records and
- expand the circumstances in which OFT can take regulatory action against estate agents
- anticipates requiring estate agents to keep permanent records for up to six years with effect from April 2011
If you have joined the TPO scheme as a full sales member, this will include automatic registration for redress under CEARA.
The TPO Code of Practice for Residential Sales was granted full OFT approval under the OFT Consumer Codes Approval Scheme (CCAS) in September 2005, which means that you can use the OFT approved code logo on any paperwork relating to Residential Sales.
We are aware that there is some confusion both for the estate agent and the public on the use of our logos. Below, we have set out some guidelines on how best to use them. Please would you endeavor to make sure the public are aware of the differences and that the OFT approval only applies to the TPO Code for Residential Sales.
If you have registered with the TPO Scheme under the Consumers, Estate Agents and Redress Act 2007, and are not a full TPO Scheme member, you are not entitled to use the TPO logo or TPO/OFT joint logo. Please see the section below regarding CEARA registered agents.
When your application has been processed you will automatically be sent the logos and guidance notes via e-mail. If you have not received these or a welcome letter to join the scheme you may need to contact the membership department at membership@tpos.co.uk
If you are a member of TPO for Residential Sales Only
You can use the CCAS approved logo as shown here.
The following are guidance documents supplied by the OFT on the correct usage of the joint logo.
Licence Guidance
This document provides guidance on the conditions under which the logo can be used. The logo can only be used in accordance with the terms of a copyright licence issued by the OFT. Please refer to the licence for the full terms and conditions on the use of the logo.
Download Approved Code Logo Copyright Licence Terms
Licence Toolkit
This toolkit shows how you can use the approved code logo on your stationery, business cards, adverts, etc.
Download Approved Code Logo Toolkit
Licence design
These guidelines give guidance on how to place the OFT approved code logo in relation to the code sponsor's logo.
If you are a member of the TPO Scheme for Lettings Management only
You can use the logo as shown here.
The Code of Practice for Lettings, does not currently have OFT approval although this is being applied for. Therefore, you must not display TPO/OFT approved code logo on any stationery regarding lettings.
If you are a member of TPO for Residential Leasehold Management only
Display this logo in your window and use it on your stationery and publicity material.
You must not display TPO/OFT approved code logo on any stationery regarding Residential Leasehold Management.
If you are a member of TPO for Commercial Only
Display this logo in your window and use it on your stationery and publicity material.
You must not display TPO/OFT approved code logo on any stationery regarding Commercial.
If you are a member of TPO for International Only
Display this logo in your window and use it on your stationery and publicity material.
You must not display TPO/OFT approved code
You can either;
- display both the TPO/OFT approved code logo for sales and the relevant logos in your window, and the correct logo on the relevant paperwork.
(e.g use the TPO/OFT approved code logo for sales on any paperwork/publicity material relating to residential sales and the relevant logo or logo’s on any paperwork/publicity material relating to it.)
or;
- If the same paperwork is used for all then you can either use all logos, or if you prefer, the single logo as shown here. (Please note; if choosing this option you must make it clear to the consumer of any unregistered disciplines.)
If you have registered with us for CEARA only use this logo.
You are not entitled to use the TPO logo or TPO/OFT approved code logo, but you are expected to have this banner/identifier on your marketing material.
Most of our documents can be downloaded for free from the website; however, we do supply hard copies of our Consumer Guides, Codes of Practice and Window Stickers. Please complete the stationery order form and return it to our office with your payment.
On joining the TPO Scheme, your company details will be displayed on our website which is available to the public, and in order to remove confusion for consumers all offices trading under the same company or brand name are required to join. Administrative and headquarters offices that do not deal directly with consumers need to register, but will not be charged.
We are now contacting our members regularly by email with our newsletters and quarterly reports, please check that your firm’s details are displayed correctly on the TPO website.
This section provides you with all the details you need to inform us of any changes you wish to make to your membership. Please click on the relevant link for instructions on how to proceed. If you are unclear about any of the procedures then please e-mail your request to membership@tpos.co.uk.
If you wish to inform us of additional disciplines which you would like to add to your membership; for example adding lettings to your sales membership or upgrading from CEARA registration to full membership we will require you to complete an additions to membership form. You can download this form from this site or contact the membership department at membership@tpos.co.uk.
If you wish to inform us of additional branches then to ensure we receive the correct information we require you to complete an additions to membership form. You can download this form from this site or contact the membership department at membership@tpos.co.uk.
There are two options regarding the continuation of membership.
Option 1
If the business is continuing as the same legal entity (for example, a limited company continuing to operate under the same registered number), membership will continue on the terms that were agreed on joining. This means that you will submit to any investigations carried out by the Ombudsman and any decisions reached by the Ombudsman as a result of any such investigations, even if such investigations or decisions occurred prior to the change of company name. If you want to take this option, we require the following:
- A signed copy of change of Company Declaration form.
You can download forms from this site or contact the membership department at membership@tpos.co.uk.
Option 2
If the business now forms part of or is now registered as a new legal entity and you accept ongoing liability for investigations carried out by the Ombudsman and decisions reached by the Ombudsman as a result of those investigations, even if such investigations or decisions predate the new company name, please refer back to option 1.
If you do not accept ongoing liability, we will need to terminate the existing membership and enter you as a new member. If you want to take this option, we require the following:
- A completed application form – please ensure you download application guidance notes
There are two options regarding membership
Option 1
If the business that you have acquired is continuing as the same legal entity (for example, a limited company continuing to operate under the same registered number), membership will continue on the terms that were agreed on joining. This means that you will submit to any investigations carried out by the Ombudsman and any decisions reached by the Ombudsman as a result of any such investigations, even if such investigations or decisions occurred prior to your ownership. If you want to take this option, we require the following:
- A signed copy of New Owner Declaration form
You can download forms from this site or contact the membership department at membership@tpos.co.uk.
Option 2
If the business now forms part of or is now registered as a new legal entity and you accept ongoing liability for investigations carried out by the Ombudsman and decisions reached by the Ombudsman as a result of those investigations, even if such investigations or decisions predate your ownership, please refer back to option 1.
If you do not accept ongoing liability, we will need to terminate the existing membership and enter you as a new member. If you want to take this option, we require the following:
- Confirmation in writing of the date on which you acquired The Property Ombudsman Limited; and
- The contact name and address of the previous owner who will be responsible for any complaints arising prior to your acquisition.
There are two options regarding membership
Option 1
If the business that you have acquired is continuing as the same legal entity (for example, a limited company continuing to operate under the same registered number), membership will continue on the terms that were agreed on joining. This means that you will submit to any investigations carried out by the Ombudsman and any decisions reached by the Ombudsman as a result of any such investigations, even if such investigations or decisions occurred prior to your ownership. If you want to take this option, we require the following:
- A completed application form – please ensure you download application guidance notes
- A signed copy of New Owner Declaration form
You can download forms from this site or contact the membership department at membership@tpos.co.uk.
Option 2
If the business now forms part of or is registered as a new legal entity and you accept ongoing liability for investigations carried out by the Ombudsman and decisions reached by the Ombudsman as a result of those investigations, even if such investigations or decisions predate your ownership, please refer back to option 1.
If you do not accept ongoing liability, we will need to terminate the existing membership and enter you as a new member. If you want to take this option, we require the following:
- A completed application form;
- Confirmation in writing of the date on which you acquired the business; and
- The contact name and address of the previous owner who will be responsible for any complaints arising prior to your acquisition.
You can notify us of any of these changes by contacting membership at membership@tpos.co.uk.
If there are changes to your company name you need to refer to the relevant sections. If your trading name only is changing you can notify us by contacting membership at membership@tpos.co.uk.
You can notify us of any of these changes by contacting membership at membership@tpos.co.uk.
Please inform membership at membership@tpos.co.uk.
Please inform membership at membership@tpos.co.uk.
- (MF002) Membership Application Form
- (MF003) Membership New Company Declaration Form
- (MF005) Membership Stationery Order Form
- (MF006) Membership New Owner Declaration Form (for new membership)
- (MF007) Membership New Owner Declaration Form (for existing membership)
- (MF008) Membership Forwarding Details
- (MF012) Addition to Membership Application Form
- (MA01) Guidance on Registering for Membership
- (MA02) Professional Indemnity Insurance Guidance
- (MA03) Guidance on Logo Usage
As an ongoing commitment to the OFT approval for our Code of Practice for Residential Sales, the TPO is required to undertake surveys to demonstrate its members compliance with the Code of Practice and to gauge their overall levels of client satisfaction.
The survey is conducted monthly by Referenceline (an independent that specialises in surveys and analysis) and the necessary paperwork with full instructions on how to proceed will be sent by them. The process is quite straightforward and should not take up too much of your time, but if you are selected you will be expected to complete the monitoring by the closing date given. However, we are aware there are exceptions, so if you any queries regarding the monitoring at any time you can contact Janet Fitzpatrick or Anne Ing on 01794 341400.
You can view your results (if you have taken part) or to see the overall results under 'Find a Member', and if you wish you can have them emailed to you by contacting Referenceline on 0870 870 1010.
We have now submitted an application to the OFT under the CCAS for the Lettings Code of Practice. It is expected that approval will take some time.
