Latest TPO updates:

Parking Problems

Published on Tuesday, 02 October 2012. Posted in Case Studies

Complaint

Parking is often a contentious issue and in this case the Landlord was aware that parking was problematic at the property and had therefore requested that the Agent set out the allocated parking arrangements in the tenancy agreement. However, following complaints from neighbours of the property, the Landlord examined the agreement and complained
to the Agent that they had omitted the requested parking clauses and had been ineffectual in handling the neighbour complaints.

Inadequate Referencing

Published on Tuesday, 02 October 2012. Posted in Case Studies

Complaint

The Landlord let the property to the Tenant who paid no rent after the first month. She subsequently complained about the Agent’s referencing. The Agent responded, acknowledging that it had been a fraudulent application but defended their referencing
as adequate in the circumstances.

eBay Valuation

Published on Tuesday, 02 October 2012. Posted in Case Studies

Complaint

In this case, the Landlord alleged that three pieces of furniture were lost from her property whilst the Agent was instructed and, although the Agent acknowledged responsibility for their oversight, the parties could not agree on the amount of compensation to be paid.

Transferring a Deposit Between Agents

Published on Tuesday, 02 October 2012. Posted in Case Studies

Complaint

The Landlord purchased the property with the Tenant in residence. She then instructed new managing agents and asked the previous owner’s Agent to transfer the deposit to her new agents. Following the Agent refusing to transfer the monies, the Landlord referred the matter to my Office.

Noisy Neighbours

Published on Tuesday, 02 October 2012. Posted in Case Studies

Complaint

After viewing the flat and agreeing a six month tenancy, the Tenant moved in to the property. However, after just one night the Tenant decided she could not live there due to noise experienced from neighbours. She demanded her rent and deposit back from the Agent.

Maintenence and Communication

Published on Tuesday, 02 October 2012. Posted in Case Studies

Complaint

Following a number of outstanding maintenance issues, the Tenant raised a complaint alleging that the managing Agent had failed to address those matters in a timely manner. They concerned repairs to the toilet and the balcony door, along with the delivery of a replacement fridge.

Monitoring the Transaction

Published on Tuesday, 02 October 2012. Posted in Case Studies

Complaint

Following the completion of the sale, the Sellers complained that the Agent had not financially qualified the initial Potential Buyers (causing them inconvenience in having to withdraw from the transaction) or chased and monitored the progress of the eventual Buyers’ mortgage offer (causing them further inconvenience). The Sellers also complained that the lack of updates received from the Agent had caused them to incur unnecessary cost in having to place their belongings in storage because a completion date was not achieved.

Marketing, but no signed contract

Published on Tuesday, 02 October 2012. Posted in Case Studies

Complaint

In this case, the recently bereaved Seller alleged that the Agent had marketed the property without his authorisation, resulting in a multi-agency commission fee claim from another agent whom he had already instructed.

Ready, Willing and Able?

Published on Monday, 01 October 2012. Posted in Press Releases

The Ombudsman's second Interim Report of 2012 is directed at the industry and specifically focuses on the commission-earning clauses used within estate agents' agency agreements.

Following The Property Ombudsman's renewed call for compulsory redress for letting agents in his Annual Report, his second Interim Report of 2012 is directed at the industry and specifically focuses on the commission-earning clauses used within estate agents' agency agreements.

Tandem Effort Supports Big Charity Bike Ride

Published on Monday, 30 July 2012. Posted in Press Releases

Tandem Effort Supports Big Charity Bike Ride

A national event by estate agents to help the homeless has been launched with the help of the Ombudsman and the Chairman of the Board.

The Property Ombudsman, Christopher Hamer, and Bill McClintock, chairman of the company that operates the ombudsman scheme, borrowed a tandem from Hayball Cyclesport in Winchester Street, Salisbury, so they could show joint support for a 3,000 mile charity bike ride around Britain.

TPO Canvasses Members over CMP

Published on Thursday, 14 June 2012. Posted in Press Releases

The Property Ombudsman Scheme (TPO) is canvassing member firms over the provision of Client Money Protection (CMP) insurance.

'Whilst membership of TPO requires all residential sales and letting agents to abide by the TPO Codes of Practice, have Professional Indemnity Insurance, and agents holding clients' money to deposit this money in a separate clients account, it does not currently require residential letting agents to hold CMP,' explains Bill McClintock, chairman of the TPO operating company who is circulating a consultation document to members.

Progress Notes and Communication 2

Published on Wednesday, 23 May 2012. Posted in Case Studies

Complaint

The Complainant was a successful Seller who wanted the Agent to reduce their commission fee (which he had withheld up to the point of my Review) as he considered that the service he had received had not warranted it. The Seller raised issues about viewings (saying that the Agent had left the Property unlocked on four occasions), a lack of updates and feedback, marketing costs and bias towards the Buyers. The Agent acknowledged that during one viewing a staff member had left a patio door unlocked, but had apologised profusely for their error.

Progression Notes and Communication 1

Published on Wednesday, 23 May 2012. Posted in Case Studies

Complaint

The Potential Sellers complained that the Agent had not made appropriate efforts to market the Property and that they had not received any contact from the Agent for over eight months to discuss the marketing strategy. The Agent disputed the Potential Sellers’ claims and referred to their progress notes to support their position.

Misdescription and the Property Particulars

Published on Wednesday, 23 May 2012. Posted in Case Studies

Complaint

The Property had been on the market with the Agent for one year after which the Seller
informed the Agent that they had replaced the laminate floor covering in one of the bedrooms and requested that the particulars be amended the Particulars within a reasonable time, the Seller raised a formal complaint asserting that the Agent’s shortcomings had prevented the sale of the Property.

Basic Complaints Handling

Published on Wednesday, 23 May 2012. Posted in Case Studies

Complaint

Following their offer being rejected, the Potential Buyers alleged that the Agent had advised them that the Property was not under offer at the time they viewed, when a sale had actually been agreed to another party. The Potential Buyers also raised issues concerning the manner in which the Agent had dealt with their subsequent complaint.

An Unsigned Agency Agreement

Published on Wednesday, 23 May 2012. Posted in Case Studies

Complaint

Upon being presented with the Agent’s invoice after successfully proceeding to exchange of
contracts on the Property, the Sellers raised a number of complaints in which they stated that the original Agency Agreement was incorrect and that, as they had not signed the document, there was no agreement in place which meant that the Agent was not entitled to charge them a fee. The Agent maintained that, as they had introduced a buyer who had gone on to purchase the Property, they were entitled to a commission fee.