b'Case SummariesTPOs free, fair and impartial OmbudsmanThe Ombudsman is not a regulator, but TPO agents service is a genuine alternative to thecan be held to account for their actions against the small claims courts. best practice obligations set out in the schemes approved Codes of Practice.TPOs Codes set standards for agents that go above and beyond the law to protect consumers from unfair practices and raise industry standards.LIMITED ACTION FORBASEMENT BOTHER OR LEASEHOLDER LEAKS BONUS?A case that The Property Ombudsman was asked toA case that The Property Ombudsman was asked to review came from a leaseholder who stated that thereview came from a buyer who stated that the agent had agent had failed to pro-actively manage the water leaksfailed to disclose that there was a basement beneath from the flat above. the property to which unauthorised alterations had been This complaint was raised by the niece of an elderlymade by the sellers.gentleman living in a retirement complex. His upstairsThe buyer of a ground floor flat said that the agent neighbour had caused six water leaks through his ceilingshould have disclosed the existence of the basement, (to date) by forgetting to turn off her bathroom taps.which the sellers had converted into two rooms, running The complainant reported that her uncle was extremelypower cables and water pipes into the basement.distressed and barely dared to leave the house in caseThese alternations were unauthorised.The buyer had of a serious flood. His efforts to speak to the lady whodiscovered the conversion when lifting the lino in the lived above had been in vain as she either denied itkitchen after moving in; she discovered a trapdoor that or failed to see the seriousness of the problem. Theled to the conversion.complex manager had reportedly been made aware onBased on the information contained in the agents each occasion, but they had not taken any action until thecompany file, the Ombudsman was satisfied that they complainant became involved. were aware of the converted space beneath the property.The agent said they had spoken to the resident inThe sellers initially appeared to have wanted to advertise question and had arranged for flood sensor taps tothis as part of the property for sale. However, it was be installed but essentially said they could do nothingagreed that mention of this would be removed and would further to assist beyond that. There had been one furthernot form part of the sale. leak since the taps were installed. In coming to a judgement on this complaint, the Could the agent have done anything more? Read theOmbudsman considered the agents obligations under Ombudsmans findings and outcome at: the TPO Code of Practice and the Consumer Protection www.tpos.co.uk/news-media-and-press- from Unfair Trading Regulations 2008 (the CPRs)releases/case-studies/item/limited-action- Read the full case study and outcome here:for-leaseholder-leaks www.tpos.co.uk/news-media-and-press-releases/case-studies/item/basement-bother-or-bonus12'