We have all seen the tragic reports following the inquest into the death of 2-year-old Awaab Ishak, where the coroner concluded that extensive mould in his family’s rented flat was the cause of his death. These findings have been described as a defining moment for the housing sector. 

The way Landlords and Tenants rent in Wales will soon undergo significant changes. 

On 1 December 2022 the Renting Homes (Wales) Act 2016 will change the way all landlords in Wales rent their properties, this Act is the biggest change to housing law in Wales for decades. The new law simplifies agreements and will offer greater security and certainty to tenants (contract-holders) and landlords. You can read guidance and the legislation provided by Welsh Government here.

-      45,007 people turned to The Property Ombudsman for help in 2021 (up 15% on 2020)

-      5,508 disputes were accepted for investigation (up 7.5% on 2020)

-      49% of disputes accepted were resolved through TPO’s early resolution process

-      6,006 disputes were resolved in 2021, of which there was a financial award/settlement for 2,860

-      Compliance with Ombudsman decisions remained extremely high at 99%

The Complaint

Following a successful bid and a subsequent survey, the Buyer withdrew from purchase of the property. The Sellers (the complainants) were concerned that the Agent had allowed the Buyer to place a bid on the property, without paying a deposit and which was also conditional upon completion of a satisfactory survey.

The Complaint

Within two weeks of moving into the property the Buyers (the complainants) discovered extensive flooding to the rear of their back garden.

The Complaint

Following the purchase of their new home, the leaseholders became aware of flooding issues within the new development that impacted a number of communal areas, including corridors, the basement and a purpose-built bike shed.

The Complaint

Following receipt of an insurance demand in which the premium had increased substantially, the leaseholder questioned this with the managing agent. The correspondence between the two parties did not resolve the leaseholder’s concerns and following the matter evolving into a formal complaint, the dispute was escalated to TPO.

The Complaint

Whilst pursuing the purchase of their property the Complainant (the Buyer) instructed a search report to be completed by a Search Provider. The report did not find any planning applications within a 750m radius of the property and so the Buyer went ahead with the sale.

The Complaint

The Buyers moved into the property which was located next to a care home. Between the care home and the property was a strip of land which, at the time of the survey inspection, was fenced off and did not appear to form part of either the property or the care home

The Complaint

Upon reviewing the tenancy agreement, the Tenant (complainant) found that the only option available to them on the online form provided by the Agent was to select a No Deposit Option (NDO) which was a £35 per month charge.

The Complaint

The Landlord (the Complainant) brought the case to TPO as they considered that the Agent did not conduct due diligence during the referencing process which resulted in them accepting Tenants that went on to use the property to cultivate cannabis plants.

EARLY RESOLUTION – MARKETING ISSUES

The Sellers submitted a complaint to us following their Agent acknowledging their request to stop marketing the property but failing to remove it from a number of portals for a period of two months.

TENANT ENQUIRY – DAMP & MOULD

A Tenant contacted us to seek advice about maintenance issues that were causing problems. The Tenant explained that his flat was suffering from damp and mould issues which had grown to the extent that it was beginning to damage his belongings.

Between July and September 2022 (inclusive), five agents were excluded from The Property Ombudsman (TPO) for failing to pay a compensatory award.

NAPSA & TPO are joining forces, what will this mean for the UK Property Sourcing Sector? 

Between April and June 2022 (inclusive), six agents were excluded from The Property Ombudsman (TPO) for failing to pay a compensatory award.

The Property Ombudsman (TPO) scheme, which offers an independent and impartial dispute resolution service to consumers who have been unable to resolve their disputes with a registered property business, has appointed a new Deputy Ombudsman, Lesley Horton, who will work alongside Property Ombudsman, Rebecca Marsh.

Between October and December 2021 (inclusive), two agents were excluded from The Property Ombudsman (TPO) for failing to pay compensatory awards.

Between July and September (inclusive), six agents were excluded from The Property Ombudsman (TPO) for failing to pay compensatory awards.