TPO COMPLIANCE SURVEY - THE PROCESS
If you have been selected to take part in the compliance survey (as per your obligations as a member). You will receive an invitation by email or letter which will include a copy of the compliance survey. You will have 1 month to collate and submit your survey and evidence.
- The Property Ombudsman
- Milford House
- 43-55 Milford Street
- SP1 2BP
The compliance team will check your survey paperwork and provide feedback to you via letter and email.
In the event that any areas need amendments, these will be explained in the feedback letter and although your survey would be closed as non-compliant, you would have the opportunity to return amended evidence. If compliant, the outcome of the survey will be amended accordingly.
(As given to consumers)
As part of your membership obligations, you must maintain and operate an internal complaints procedure. This procedure must be in writing and contain the timescales which are outlined in the TPO Code of Practice, the correct TPO details (address, email address, website and telephone number) and you must state that there is a 12 month timescale for complaints be made to the Property Ombudsman.
Section 1 - About your business
*It is imperative that the survey is completed by the legal entity, as detailed on your initial request letter*
Section 2 – Compliance Checks
TPO Codes & Consumer Guides
As per the TPO Code of Practice 'You must have available, free of charge, copies of the Code of Practice and Consumer Guide to give to consumers.
TPO Logo - Headed Paper/ Email Footer/ Website
As per the TPO Code of Practice, you must prominently display the TPO logo in the window of all offices and on your website(s) and on all relevant documentation such as marketing literature, property advertisements and on your letter head, emails and other digital communications.
Client Money Protection - in branch/on website(s)
As of 1st April 2019, Client Money Protection Insurance became a legal requirement for letting agents in England that deal with client money. You are required to display your certificate prominently on your website(s) and in your branch.
Further information can be found via the .gov webpage https://www.gov.uk/government/publications/client-money-protection-for-letting-and-managing-agents/client-money-protection-for-letting-and-managing-agents
Money Laundering Registration
(Sales) If you deal in Residential Sales, you must be registered with HMRC for Anti-Money Laundering. (Lettings) letting agency businesses were included in the money laundering regulations on 10 January 2020. Lettings agents will need to register for supervision if they meet all the following criteria.
- They are acting as a letting agency business for a month or more.
- Managing properties which, individually, generate over 10,000 euros per month This covers both residential and commercial property lettings. Lettings agents do not need to register if they are lettings agent only carrying out lettings work that is not defined within the regulations, for example, below 10,000 euros rent per month.
Please visit https://www.gov.uk/guidance/registration-guide-for-estate-agency-businesses for further information.
Under the Data Protection Act individuals and organisations that process personal information need to register with the Information Commissioner's Office (ICO), unless they are exempt. More informaion on this can be found at https://ico.org.uk