The Property Redress Scheme is a consumer redress scheme authorised by the Department for Communities and Local Government (“DCLG”) and by the National Trading Standards Estate Agency Team to offer redress to consumers of Lettings, Property Management and Estate Agents. It is also open to other Property Professionals to show they are committed to providing excellent customer service and improving standards within their area of interest in the property industry.

A Redress Scheme is a scheme which allows consumers to escalate a complaint they have against the member of the scheme. The main purpose of the redress scheme is to resolve or settle unresolved complaints from consumers who have suffered a loss as a result of the actions of the member. It is an alternative to using the Courts and the complainant must have exhausted the Member’s internal complaints process before contacting the redress scheme.

All our Agent members will be asked to display a window sticker on their trading premises to show their membership with the Scheme. All our Agent members will be required to provide a leaflet explaining the way the Scheme works to all landlords and tenants. Some of our Agents members may also provide a link to the Scheme’s website on their own website where you will be able to check if your Agent is a member of the PRS. You are also able to check on the PRS website whether your Agent has purchased a membership with the Scheme.

You will need to ask your Agent about their membership with a Redress Scheme first. From 1st October 2014 all Lettings and Property Management Agents are required to join a government approved Redress Scheme. Past that date, if they are unable or unwilling to provide you with proof of membership, then they are in breach of the Letting Agency Work and Property Management Work (Approval and Designation of Schemes) (England) Order 2013. You may then be able to report them to the local Trading Standards Office.

No. There is no obligation on Agents Members of the PRS to abide by a Code of Practice. If they have voluntarily joined a scheme which has one, it is good practice for the Agent to make the document available to their customers.

No. You may need to confirm with the Agent first if they have a complaint procedure and ask for a copy if you are not happy with the service you have received.

You are still able to write to the Manager or a director/owner to complain. Please keep copies of all correspondence with the Agent with proof of date sent, if available.

It is a legal requirement for letting agents who handle client money to join a client money protection scheme for the benefit of their clients, to safeguard money they hold on their clients’ behalf. Professional indemnity insurance is a requirement for client money protection so agents should have both.

When any of the following has happened: a. A breach of the Agent Member’s obligations under the law; b. Where legal rights have been impinged or breached; c. Where an Agent Member has not acted in accordance with a Code of Practice it has signed up to, or any internal rules, procedures or statements of practice; d. Unfair treatment of the complainant by the Member; including, but not limited to: i. rudeness or discourtesy ii. not explaining matters iii. poor or incompetent service iv. avoidable delays e. Where an Agent Member has not administered a transaction as efficiently as would be expected. f. The Agent’s actions must have resulted in the complainant suffering a financial loss, or unnecessary aggravation, distress and/or inconvenience.

The criteria for accepting of a complaint are as follows: a. the complaint is made against our member b. the complainant has grounds for complaint c. the complainant has written to the member with their concerns and given them the opportunity to resolve them d. the complainant waited up to 8 weeks for a response from the date of complaint to the member and remains unsatisfied e. the last communication relating to complaint is within the last 12 months

You will need to download our Complaint Form, complete it and provide us with the relevant documents e. copies of correspondence to and from your Agent together with all relevant supporting evidence. Examples of helpful evidence are: Tenancy Agreement, Management Agreement, Invoices and/or Receipts etc, Bank statements or Rent Accounts etc. More information is available on our Guidance page at: www.theprs.co.uk/complaints . Alternatively, you may request a hard copy of our form or lodge your complaint through the phone.

We shall not investigate your complaint (or any part of your complaint), or shall discontinue the investigation of your complaint (or any part), if: a. at any time it appears it is more appropriate for the complaint to be dealt with by a Court or under another independent complaints, conciliation or arbitration procedure b. at any time the PRS finds out that the complaint is already being or has been considered by a Court, or under another independent complaints, conciliation or arbitration procedure c. in the PRS’ opinion the complaint does not have a reasonable prospect of success or is considered to be frivolous or vexatious.

On receipt of your complaint the Case Assessor will first check that you have grounds for complaint and if so, inform the Agent member. The parties will be allowed 10 working days to resolve the complaint with the assistance of the Case Assessor. If a mutual agreement is made within the 10 working days the PRS will request confirmation that you are satisfied with the resolution. If the matter is not resolved within the first 10 working days then the Case Assessor will prepare a resolution plan and collect any further evidence that will enable the Ombudsman to make an informed decision. Your case will then be forwarded to the Ombudsman. For the full complaints process please refer to our “Making a Complaint to the PRS” document available on our website.

Yes, providing the PRS are provided with a satisfactory authority for that person to act.

From receipt of your complaint to the Ombudsman’s decision, the process is expected to take approximately 40 working days if there are no delays. For full details please refer to our Complaints Process found under on our Guidance Page at www.theprs.co.uk/complaints .

If the Ombudsman upholds your complaint, he may make an award to you ranging from an apology, explanation to reimbursement of financial loss or a compensation sum for inconvenience and distress. The Ombudsman can make awards up to £25,000. Any compensation payment will be calculated based on demonstrable loss or costs and will take into account any degree to which the complainant has contributed to the failure or loss suffered.

You will have 15 working days to confirm whether you agree with the decision. If you agree, the decision is binding on the Agent and he must comply with the findings of the decision within 10 working days. If you do not respond or do not agree with the decision, the Scheme will close the file and you will have to use the Court is you wish to pursue the Agent.

If the Agent does not comply with the decision within the 10 working days, you can obtain enforcement of the decision through the Courts. If we discover that the Agent has not complied with a decision, then the Agent’s membership with the PRS will be suspended pending investigation by the Head of Redress. Cancellation of the Agent’s membership may then follow at which point the PRS will also inform the local Trading Standards Office and any other relevant redress schemes.

No. The Agent complying with the decision will be in full and final settlement of your complaint.

The Scheme complaints procedure cannot be used if a party is unhappy with a decision of the Ombudsman. You may need to advise the PRS that you do not agree with the decision and you may then take your dispute to the Court.

Complaints can only be made about the process or service provided by the Scheme. The majority of complaints will be dealt with within 5 workings days. Please see the PRS Complaints Procedure.

The Scheme will: a. provide case studies on regularly occurring topics so complainants and Agents can view how decisions are made; b. provide guidance on the types of evidence that are considered by the PRS and how best to set out a complaint or response; c. provide help and guidance to complainants and Agents so they understand any PRS process and fill out any PRS form correctly. This includes membership and complaints processes. The assistance will be by telephone and email; All the above will be available on our website and hard copies will only be sent on demand.

Whilst in dispute with the Agent, we advise that you pay all fees as set out in your contract until you have an agreement, decision or court order saying otherwise . If you withhold rent or any other payment agreed to in writing, then you run the risk of the Agent initiating court proceedings for the monies owed. It is best practice to pay the owed money and then claim back for any amount you do not feel you should have paid either through the scheme or the small claims court.

Yes. Under the Landlord and Tenant Act 1985, your Agent must provide you with a written statement of the landlord’s name and address within the period of 21 days beginning with the day on which he receives the request.