How to complain about a letting agent

A letting agent works for the landlord. They look after the property and the tenancy. You have the right to complain if the agent has handled your tenancy badly. You can also complain if they have not passed on your repair reports, treated you unfairly, or charged you fees they are not allowed to charge. 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 choice in how they work. But you can challenge it if they act in a way that is unfair or against the law.

Step 1: Complain directly to the agent

First you must usually take the complaint to the agent. Do this before you go to anyone else. Write to the agency and tell them:

• 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 way to deal with complaints. Ask them for it if you cannot find it.

Step 2: Ask for a final decision

The agent may not sort out your complaint in a way you are happy with. If so, ask them for a final decision in writing. 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

Every letting agent in England must join a letting agent redress scheme that the government approves. There are two:

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

You can find out which scheme the agent belongs to on their website, or just ask them. It is a crime if they have not joined either scheme. You can report them to your local council.

Once you have the agent's final decision, you can take your complaint to the right scheme. You can also do this if they have not replied within 8 weeks. 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?

In most cases your landlord has the legal duty to do repairs, not the letting agent. But the agent may manage the property and be the person you contact about repairs. If so, send your reports to the agent clearly and in writing. The agent might not pass your reports on. If that happens, it could be 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.

Have you been charged a banned fee? You can report the agent to your local trading standards department. You may also have the right to a refund.

What if the agent is also the landlord?

The person or company you deal with may both own the property and manage it. If so, they are acting as a landlord, not a letting agent. Different rules apply.

When should I contact Support for Tenants?

You may rent a home that has disrepair. You may have reported it, but it has not been fixed. If so, we may be able to help with a housing disrepair claim. This is true whether or not 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)

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