How to complain about a letting agent

Letting agents act on behalf of landlords to manage properties and tenancies. If a letting agent has mishandled your tenancy, failed to pass on your maintenance reports, treated you unfairly, or charged you unlawful fees, you have the right to complain. Here is how to do it.

What can you complain about?

Common valid complaints against letting agents include:

• Unlawful fees charged to tenants (most agent fees to tenants have been banned since the Tenant Fees Act 2019)
• Failure to pass on repair reports to the landlord
• Misleading information about the property or tenancy terms
• Failing to protect your deposit properly
• Poor communication or lack of response to reasonable requests
• Discrimination in how your tenancy or application was handled
• Harassment or pressure to vacate

Not every complaint will be upheld, letting agents do have some discretion in how they operate, but unreasonable or unlawful behaviour can be challenged.

Step 1: Complain directly to the agent

Before going to any external body, you must usually raise the complaint with the agent first. Write to the agency with:

• A clear description of what happened and when
• What you want the agent to do (refund, apology, action)
• A deadline for their response (14 days is reasonable)

Keep a copy of everything. The agent should have a complaints procedure, ask for it if you cannot find it.

Step 2: Ask for a final decision

If the agent does not resolve your complaint satisfactorily, ask for a written final decision. This is sometimes called a deadlock letter. You will need this before you can go to an ombudsman.

Step 3: Go to a redress scheme

All letting agents in England must be registered with a government-approved letting agent redress scheme. There are two:

• The Property Ombudsman (TPO)
• Property Redress Scheme (PRS)

You can find which scheme the agent belongs to on their website or by asking them. If they are not registered with either, this is itself a criminal offence and you can report them to your local council.

Once you have the agent's final decision (or if they have not responded within 8 weeks), you can take your complaint to the relevant scheme. The process is free of charge for consumers. The schemes can:

• Investigate your complaint
• Award compensation (up to £25,000 in some cases)
• Require the agent to take specific action

Can I complain about an agent for failing to carry out repairs?

Your landlord has the legal duty to repair, not the letting agent, in most cases. However, if the agent manages the property and is your point of contact for repairs, you should send reports to the agent clearly and in writing. If the agent is not passing on your reports, this may form part of a complaint to the redress scheme about poor management.

What about unlawful fees?

Since 1 June 2019, the Tenant Fees Act has banned most fees that letting agents used to charge tenants, including:

• Administration fees
• Reference fees
• Check-in and check-out fees
• Credit check fees
• Renewal fees

Agents can only charge: rent, a holding deposit (maximum one week's rent), a security deposit (maximum five weeks' rent for rents under £50,000 per year), fees for lost keys, and a fee for early termination if requested by the tenant.

If you have been charged a banned fee, you can report the agent to your local trading standards department. You may also be entitled to a refund.

What if the agent is also the landlord?

If the person or company you deal with is both the owner and the manager of the property, they are acting as a landlord, not a letting agent, and different rules apply.

When should I contact Support for Tenants?

If the property you rent has disrepair that has been reported and not fixed, we may be able to help with a housing disrepair claim regardless of whether a letting agent is involved.

Call us on 0800 030 4669. No upfront cost. You only pay if you win, and the fee comes out of the compensation, not your pocket. If you don't win, you pay nothing.

Sources

• Tenant Fees Act 2019 (legislation.gov.uk)
• Landlord and Tenant Act 1985, Section 11 (legislation.gov.uk)

Related articles

• Trading standards and rogue landlords