Regulations & Responsibilities – Red Hot Property

Regulations & Responsibilities

The Ombudsman is there to make sure that we are doing our job properly from a legal and ethical point of view.  At Red Hot Property, exceptional customer service is at the centre of all that we do – we never want to give you a reason to have to deal with the Ombudsman.  And we must be doing something right… our unrivalled approach and attention to detail means that over 75% of our listings come from happy-customer referrals.

We hope it’ll never come to this, but if you do have a compliant arising from your dealings with us, you need to be aware of the procedures we adopt for dealing with discrepancies:

  • The person appointed to deal with any complaint relating to our residential estate agency services, is: Mr Gareth Jones, Red Hot Property, 13 Battle Hill, Hexham, NE46 1BA
  • Where your complaint is initially made orally and the matter has not been resolved, you will be requested to send a written summary of your complaint to him.
  • Once we have received a written summary of your complaint, we will contact you in writing within no more than three working days to inform you of our understanding of the circumstances behind your complaint and our intentions towards dealing with your complaint. You will be invited to make any comments that you may have in relation to this.
  • Within 15 working days of receipt of your written summary, we will inform you in writing of the outcome of our investigation into your complaint and let you know what actions have or will be taken.
  • If you are dissatisfied with any aspect of our handling of your complaint, you can request a further review of your complaint and we will contact you within 14 days to inform you of our final conclusion of this review.
  • Should you remain dissatisfied with the outcome of our final review or towards any aspect of our handling of your complaint, and if we have been unable to resolve this promptly through negotiations, you are entitled to refer the matter to the Property Ombudsman for independent review. Their contact details will be provided to you, upon which any complaint should be submitted to them within six months of the date of our final review letter.

The legal bit

The Property Ombudsman came into being on 1 May 2009. Formerly, the Ombudsman for Estate Agents (OEA), the name change was made to reflect the broader jurisdiction in relation to Complaints we are now able to deal with, for example, sales, lettings, commercial and overseas.

The Ombudsman for Estate Agents (OEA) Scheme was established on 1 January 1998. The Scheme is open to all those firms of estate agents with a principal, director or partner who is a member of the National Association of Estate Agents (NAEA) or Royal Institution of Chartered Surveyors (RICS); to all corporate estate agents, defined as those who are subsidiaries of a bank, building society or insurance company, or are themselves quoted on the Stock Exchange and to other estate agents who are sponsored and seconded by existing member agents. From June 2006, the OEA extended its services to Lettings and Property Management agents.

By dealing with a Member of The Property Ombudsman (TPO), the public may be confident about the agent’s approach in its dealings with actual and potential buyers and sellers of residential property or lettings in the UK.

With effect from 1 October 2008, all estate agents are required to register with an Estate Agents Redress Scheme that has been approved by the Office of Fair Trading (OFT) and which investigates complaints against estate agents. The TPO is one of the schemes approved by the OFT.

Many estate agents have in addition agreed to follow the TPO Code of Practice for Residential Estate Agents. Estate agents signing up to this Code of Practice are required to provide additional consumer protection that goes beyond that required by the law. They can be recognised by the blue TPO logo. Registered agents, who do not voluntarily accept the Code of Practice obligations of the TPO Scheme, are not entitled to show the blue TPO logo.

Lettings and property management agents who join the TPO also subscribe to the Code of Practice for Letting Agents.

The Property Ombudsman provides a free, fair and independent service for dealing with unresolved disputes between sales and letting agents who have joined the TPO and consumers who are actual or potential buyers or sellers or landlords or tenants of residential property in the UK. The Ombudsman is a member of the Ombudsman Association and follows the standards and rules of the Association. The Ombudsman is totally independent of agents and reports directly to the TPO Council which has a majority of non-industry members.

The Ombudsman’s role is to reach a resolution of unresolved disputes in full and final settlement and, where appropriate, he will make an appropriate award of financial compensation or other action, for example, make an apology. Therefore, if you feel that you have been disadvantaged by the actions or inactions of a TPO member, you have access to an independent dispute resolution service and can be certain of receiving a fair and reasonable judgment of your complaint.

A Consumer Guide, available in the offices of all sales and lettings agents who have joined the TPO, informs complainants that:

“Your complaint may be considered by the Ombudsman, if you believe that the agent has:

  • infringed your legal rights
  • failed to follow the rules and obligations set for agents under any code of practice to which they may subscribe
  • treated you unfairly
  • been guilty of maladministration (including inefficiency or undue delay) in a way that results in you losing money or suffering avoidable aggravation, distress and/or inconvenience.

Contacting the Ombudsman

The Ombudsman will not normally review a case until the internal complaints procedure of the agent has been exhausted. If you need guidance on what to do, please contact us and we will be able to assist you. If you need any more information or advice you should contact:

The Property Ombudsman
Milford House
43-55 Milford Street
Wiltshire SP1 2BP
Tel: 01722 333306
Fax: 01722 332296

Red Hot Property is the trading name of Gareth Jones, 13 Battle Hill, Hexham, NE46 1BA.