Outcome of the complaint
What happens when a proposed decision is made?
We will send the proposed decision to you and the complainant at the same time. You will be given 14 days to either accept or appeal the decision.
If you represent, there is no guarantee it will affect the final decision. In fact, representations normally only affect the final decision if:
- You can prove we have made a significant mistake that makes a difference to the outcome – for example if we missed a complaint letter or misinterpreted the facts.
- You have significant new evidence that will affect the decision.
If you provide a representation it will be necessary to allow the other party the opportunity to comment on the representation (within 14 days) and such decision will be taken into account before issuing a Final Decision to both parties at the same time.
What awards will the Ombudsman make?
If we support the complaint, we can make an award of compensation under the TPO scheme (to be paid by the agent).
Although we can make awards up to £25,000 (£5,000 for search providers), this amount is rare and only in cases where it is established beyond doubt that significant financial loss has been incurred. Most awards are for aggravation and are modest (so as not to be punishment of an agent).
Awards will be made if we are persuaded that the complainant has suffered:
• Actual, proven financial loss as a direct result of the actions or inactions of the agent
• And/or avoidable aggravation, distress and inconvenience.
Information on average awards can be found in our Annual Reports.
What if I do not agree with the Ombudsman’s decision?
If you do not agree with our proposed decision you are able to appeal if you can show that there is a significant error in fact or where you can produce significant new evidence that will have a material effect on the decision.
Having considered any representation, we will respond to you advising accordingly. At this stage, and having provided both parties with the opportunity to represent, we will be in a position to send a copy of our decision to both parties for their consideration and response.
Following on from this, should the complainant accept the decision, it will then become binding on you.
What if the complainant does not respond to the proposed decision?
If we have not heard from the complainant by the due date, we shall assume their non-acceptance and advise you accordingly. Any award will then lapse and the case will be closed. If you submitted an original company file this will be returned to you.
By not responding and effectively not accepting our decision, the complainant’s legal rights are not affected and they will be free to pursue their complaint elsewhere.
Having not been accepted, our decision will no longer be valid and cannot be used to support any further action.
What if the complainant does not accept the decision?
If the complainant does not accept the decision, we will write to you advising accordingly and the case will be closed. If you submitted an original company file this will be returned to you.
By choosing not to accept our decision the complainant’s legal rights are not affected and they will be free to pursue their complaint elsewhere.
Having not been accepted, our decision will no longer be valid and cannot be used to support any further action.