TPO’s work with other trade bodies and Compliance Boards adds to the scheme’s unrivalled knowledge of all sectors of the property industry. This case concerns the actions of a search provider after a buyer alleged it had failed to disclose a planning application for a new town in the vicinity of the property she had purchased.
This buyer thought he had bought a two bed property at an auction, only to discover the house had just one bedroom. The Ombudsman’s role in this case was to unravel the events that proceeded the auction, and the actions of the agent on the day itself before the gavel fell.
The tenants who made this complaint claimed the agent only disclosed all their fees and charges after they had paid a non refundable holding deposit. The Ombudsman’s independent review of the case looked at what information was disclosed and when, to assess if the tenants were treated fairly.
The complainants in this case accused their agent of misrepresenting a property and misleading them into signing a Tenancy Agreement by advertising that the property had parking.
This landlord claimed their agent was negligent and in breach of contract for its failure to adequately reference two tenants who went on to accrue significant arrears, resulting in a court possession order. The agent, who used a recognised third party referencing company, disputed the claims and the landlord lodged a complaint with TPO seeking nearly £20,000 for rent arrears together with compensation for emotional trauma and distress.
This case concerns potential buyers who claimed the agent failed to disclose material information about a planning application for the development of 850 houses opposite a property they wanted to purchase.
Do you know the difference between a sole agency & sole selling rights agreement? This case involves a family executing a sale on behalf of a deceased relative and the importance of understanding your agency agreement.
The Property Ombudsman is helping to raise standards in the property industry, says Katrine Sporle, Property Ombudsman.
Access to properties can cause serious issues if the right of way is not documented, says Katrine Sporle, Property Ombudsman.
If an agent intends to charge a 'performance fee' it must be clear before he goes on stage, says Katrine Sporle, Property Ombudsman.
The Property Ombudsman, Katrine Sporle, highlights a case study dealing with property marketing...
The new Property Ombudsman, Katrine Sporle CBE, highlights a case study dealing with the internal measurements of a property...
The new Property Ombudsman, Katrine Sporle CBE, wants consumers and agents to be clear about her role...
Complaint
In this case, the potential Buyer argued that the Buying Agent she had instructed, charged her an excessive abortive fee when she withdrew an offer that she had made for a property on the same day it had been made and accepted by the Seller. The Agent maintained their entitlement to charge the fee, given that it was detailed in the terms and conditions of their agreement.
Complaint
The Buyers claimed that the Agent had incorrectly advertised the property. They explained that during the conveyancing process they discovered that an area of land at the rear of the garden was not included in the title plan belonging to the property, and in fact belonged to the local council. The Buyers argued that the Agent should not have marketed the property without having checked this. They also pointed out that they incurred additional costs in registering all of the garden (as seen) as part of the property, arguing that they were treated unfairly by the Agent as a result of the Seller not agreeing to make an allowance for these costs as part of the transaction.
Complaint
Following the potential Buyer withdrawing from the transaction, the potential Sellers claimed that the Agent had fabricated information provided to the potential Buyer, including inventing offers and viewings. The Sellers also claimed that the Agent failed to deal with their complaint appropriately. The Agent’s response was that they simply applied 'gentle pressure' on a difficult purchaser to assist the progression of the transaction.
Complaint
In this case, the successful Seller was concerned that the Agent had released the key to her Buyer a week before completion, enabling him to begin major building work (including re-wiring and the removal of fireplaces and kitchen cupboards) without her permission. She also alleged that they had permitted unaccompanied viewings; failed to issue a Memorandum of Sale in two instances and handled her complaint unsatisfactorily. She was seeking a refund of the £1,200 commission fee which she had eventually paid on a 'without prejudice' basis shortly before a Small Claims Court hearing to avoid further costs. The Agent acknowledged that the key had been released to the Buyer prematurely and was unable to explain how this had happened. However they insisted that contracts had already been exchanged and noted that the Seller had not suffered any financial disadvantage as the sale had completed successfully. They made no apology and denied the other allegations, but reluctantly offered a £100 fee reduction as a 'goodwill gesture'. When the Seller indicated that she was not satisfied with this and was withholding the commission fee, the Agent initiated proceedings in the Small Claims Court.
Complaint
Prior to renting the property the Tenant viewed accompanied by the Agent’s representative who explained to him that the rent included all bills. After the viewing, the Tenant asked the representative to confirm what he would have to pay, to which she responded that the weekly rent was due in advance and that all bills were included. Unsurprisingly, the Tenant was subsequently shocked to receive council tax bills which eventually culminated in a County Court judgement being made against him. The Agent’s response was that, as per the tenancy agreement, he was still required to pay the council tax.
Complaint
The complaint raised concerned the Agent's failure to continue to notify the Guarantor of rent arrears that had accrued under the tenancy. He also accused the Agent of failing to notify him when the Landlord decided to put the matter into the hands of her solicitors and of failing to make those solicitors aware of his role by not providing the Deed of Guarantee he had signed. As a result of these shortcomings, the Guarantor argued that he had incurred unnecessary court costs.
Complaint
Following the eventual eviction of the Tenants, the Landlord complained to the Agent that their referencing process had been flawed as it had not divulged a number of financial issues of which, had she known, meant she would not have agreed to the tenancy. The Agent acknowledged some shortcomings, but refused to make an offer equivalent to the loss of rent that the Landlord was seeking.
