The Property Ombudsman: A Guide for Leaseholders
If your managing agent is not meeting their obligations, you have the right to escalate your complaint. This guide explains how The Property Ombudsman and redress schemes protect leaseholders in blocks of flats.
Understanding Property Redress Schemes
All managing agents operating in England must be a member of a government-approved redress scheme. This requirement was introduced to ensure that leaseholders and freeholders have access to a free, independent complaints process when things go wrong with their property management.
The two approved schemes are The Property Ombudsman (TPO) and the Property Redress Scheme (PRS). Both offer free dispute resolution for consumers and can award compensation where a managing agent has failed to meet their obligations.
Before complaining to either scheme, you must first use the managing agent's internal complaints procedure. If the agent does not resolve your concern within eight weeks, or issues a final response that you find unsatisfactory, you can then escalate to the relevant redress scheme.
How to Complain About a Managing Agent: Step by Step
Raise it with your managing agent
Put your complaint in writing, clearly stating what has gone wrong and what you want the agent to do. Use their formal complaints procedure.
Allow time for a response
The agent should acknowledge your complaint promptly and provide a substantive response. If they do not resolve it within eight weeks, you can escalate.
Check which scheme your agent belongs to
Ask your managing agent or check the TPO and PRS member directories to find out which redress scheme they are registered with.
Submit your complaint to the redress scheme
Complete the scheme's complaint form, attaching copies of all relevant correspondence, invoices, photographs, and the agent's final response.
Wait for the assessment
The ombudsman reviews written evidence from both parties. No hearing or site visit is required. Aim is resolution within ninety days.
Receive the decision
The ombudsman issues a decision that is binding on the agent. Outcomes may include an apology, a change of practice, or financial compensation.
What Can You Complain About?
The Property Ombudsman and Property Redress Scheme handle complaints about the conduct and service of managing agents. Common complaints include:
- Poor communication or failure to respond to enquiries
- Unreasonable or unexplained service charge increases
- Failure to carry out maintenance or repairs
- Lack of transparency over accounts and spending
- Delays in processing property sales or lease extensions
- Breach of the managing agent's code of practice
- Failure to follow the Section 20 consultation process for major works
- Mismanagement of the building's sinking fund or reserve fund
Note that the ombudsman cannot determine disputes about the reasonableness of service charges. For service charge disputes, you may need to apply to the First-tier Tribunal (Property Chamber).
Our Commitment to Transparent Block Management
At Block, we believe that good management starts with clear communication, transparent accounting, and responsive service. We are committed to resolving any concerns promptly through our internal complaints process, and we are members of an approved redress scheme as required by law.
If you are unhappy with your current managing agent and are considering a change, we can help. Our switching process is designed to be seamless, with a dedicated handover team that ensures continuity of service for your building.
Frequently Asked Questions
What does The Property Ombudsman do?
The Property Ombudsman (TPO) provides a free, impartial dispute resolution service for complaints about property agents, including managing agents for blocks of flats. If you have exhausted the managing agent's internal complaints process and remain dissatisfied, you can escalate your complaint to TPO. They review the evidence, assess whether the agent has breached their code of practice, and can award compensation of up to twenty-five thousand pounds.
Is it worth complaining to The Property Ombudsman?
Yes, complaining to The Property Ombudsman is worth it if your managing agent has failed to resolve your concern through their internal complaints procedure. TPO is free to use, and their decisions are binding on the agent. Common outcomes include an apology, a change in practice, or financial compensation. Even if your specific complaint is not upheld, it creates a record that can influence future regulatory action against persistent offenders.
What is the difference between The Property Ombudsman and the Property Redress Scheme?
The Property Ombudsman (TPO) and the Property Redress Scheme (PRS) are both government-approved redress schemes for property agents in England. All managing agents must belong to one of these schemes. The key difference is that they are separate organisations with slightly different codes of practice and processes, but both offer free complaint resolution for consumers. Check which scheme your managing agent belongs to before submitting your complaint.
How do I complain about my managing agent?
Start by raising your concern with your managing agent in writing, using their formal complaints procedure. If the agent does not resolve your complaint within eight weeks, or you are dissatisfied with their final response, you can escalate to The Property Ombudsman or the Property Redress Scheme. Gather all relevant documentation, including correspondence, invoices, service charge statements, and photographs, to support your case.
How long does a Property Ombudsman complaint take?
Once TPO accepts your complaint, they aim to resolve it within ninety days, though complex cases may take longer. The process involves reviewing written evidence from both parties, so having clear documentation speeds things up. You must submit your complaint within twelve months of receiving the agent's final response letter. TPO does not conduct hearings or site visits; their assessment is based entirely on the written evidence provided.
Can The Property Ombudsman force a managing agent to act?
TPO decisions are binding on the managing agent, meaning the agent must comply with any award or direction made. If the agent fails to comply, TPO can expel them from the scheme, which would mean the agent is operating illegally as all property agents must belong to an approved redress scheme. However, TPO cannot order an agent to carry out specific maintenance works or override the terms of a lease.
Looking for a Better Managing Agent?
If poor management is causing problems in your block, talk to us about switching to a transparent, responsive managing agent that puts leaseholders first.