Complaining about a letting agent: the redress scheme route

Every letting agent in England is legally required to belong to a government-approved redress scheme. If your letting agent has handled your tenancy badly, including failing to pass on repair reports to your landlord, you can complain to the scheme. Here is how to do it.

What is a redress scheme?

A redress scheme is an independent complaints service that letting agents are required by law to join. If you have a complaint about an agent that you cannot resolve directly with them, the scheme will investigate and can order the agent to pay you compensation or take other action.

The two approved schemes for letting agents in England are:

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

Your agent must be a member of one of these. They should display which scheme they belong to in their office and on their website.

What can I complain about?

You can complain about a letting agent for things like:

• Failing to pass your repair reports to your landlord
• Not following up on repairs you reported
• Giving you misleading information about the property
• Failing to return your deposit properly (though deposit disputes also have their own scheme, the Tenancy Deposit Protection scheme)
• Poor communication or unprofessional conduct
• Misrepresenting the terms of your tenancy

The scheme cannot make your landlord carry out repairs, that is a separate legal process. But if the agent's failure to act has made your situation worse, the scheme may award compensation.

Before you complain to the scheme

You must use the agent's own complaints process first. Redress schemes will not consider your complaint unless you have already gone through the internal process and either:

• Received a final response you are unhappy with, or
• Not received a response within eight weeks of making your complaint

Step 1: Write to the letting agent formally, setting out your complaint in detail. Keep a copy.

Step 2: Wait for their response (up to eight weeks).

Step 3: If you are not happy with the response, or they do not respond, go to the redress scheme.

How to find out which scheme your agent belongs to

Check the agent's website or correspondence. They are required by law to state which scheme they belong to. If you cannot find it, call the agent and ask directly. You can also search for any agency on the TPO and PRS websites.

How to make a redress scheme complaint

Once you have a final response from the agent (or eight weeks have passed with no response):

1. Go to the website of the relevant scheme (TPO or PRS)
2. Fill in their online complaint form
3. Attach all relevant evidence, your initial complaint to the agent, their response, any messages about repairs, photographs, and your tenancy agreement if relevant
4. Submit the complaint

There is no fee to complain to either scheme.

What can the scheme do?

The scheme can:

• Order the agent to apologise
• Award you compensation (up to £25,000 through TPO in some circumstances)
• Order the agent to take specific action
• Refer the matter to trading standards if there has been a serious breach

The scheme cannot force your landlord to carry out repairs, but a finding against the agent can be useful evidence if you later take action against the landlord.

What if the agent is not a member of a scheme?

If your agent is not a member of a redress scheme, they are breaking the law. You can report this to your local council's trading standards department. The council can fine the agent up to £5,000 for not being registered.

When should I contact Support for Tenants?

We help tenants with housing disrepair claims against landlords, including where a letting agent's failure to act has contributed to the problem.

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

• Complaining to the Housing Ombudsman, step by step
• How to make a formal complaint to your landlord
• My landlord keeps promising repairs but never does them
• Trading standards and rogue landlords