Complaining to professional membership schemes

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If you are unhappy with an estate agent, letting agent or managing agent, there may be a professional membership association that you can complain to.

What does membership of a professional association mean?

Individual agents may be members of a professional association such as the Association of Residential Letting Agents (ARLA), the National Association of Estate Agents (NAEA) or the Royal Institution of Chartered Surveyors (RICS). An individual member must keep to the rules of the professional association of which s/he is a member. If a member of a professional association is a partner of a firm or a director of a company, then the rules apply to that firm or company as well. But if a member is employed by a non-member, the rules only apply to the member personally.

A business can also join a scheme, for example the:

A single firm may be a member of more than one association or scheme.

How can I tell if an agent is a member of a professional association or scheme?

All estate agents must be members of a dispute resolution scheme. This will almost always be The Property Ombudsman (TPO). You could also ask the agent directly or look for a logo or statement about memberships on their letter paper, office window or website. Another way you can tell is by checking for initials after an individual agent’s name, for example:

You can also check with the associations and schemes themselves – most have directories on their websites.

Association of Residential Letting Agents (ARLA)

Association of Residential Letting Agents (ARLA) investigates complaints against member letting agents. It cannot order its members to pay compensation, so if you want to be compensated or to recover money, you should make your complaint to The Property Ombudsman (if available), or use alternative dispute resolution (ADR) or go to court.

The aim of ARLA’s investigation is to decide whether its member has broken its professional code, and if so what punishment is appropriate. ARLA can fine its members, and suspend or expel them.

National Association of Estate Agents (NAEA)

National Association of Estate Agents (NAEA) investigates complaints against member estate agents. It cannot order its members to pay compensation, so if you want to be compensated or to recover money, you should make your complaint to TPO (see below), or use alternative dispute resolution (ADR) or go to court. All members of NAEA handling lettings and sales must also be members of TPO.

The aim of a NAEA investigation is to decide whether its member has broken its professional code, and if so what punishment is appropriate. NAEA can fine its members, and suspend or expel them.

NAEA will not investigate a complaint about behaviour more than two years before you complain to NAEA, or while there is a court case about your complaint.

Royal Institution of Chartered Surveyors (RICS)

The Royal Institution of Chartered Surveyors (RICS) will deal with your complaint if you believe that the member has broken a rule in its code of conduct, for example by:

  • causing delays in dealing with your affairs or in replying to letters
  • disclosing confidential information
  • failing to disclose a conflict of interest
  • failing to look after your money
  • failing to have a complaints procedure.

RICS cannot order its members to pay compensation, so if you want to be compensated or to recover money, you should make your complaint to TPO (if available), or use alternative dispute resolution (ADR) or go to court.

The aim of a RICS investigation is to decide whether its member has broken its professional code, and if so what punishment is appropriate. RICS can fine its members, and suspend or expel them.

National Approved Letting Scheme (NALS)

National Approved Letting Scheme (NALS) will deal with complaints if you believe that the member has broken NALS service standards. It cannot order its members to pay compensation, so if you want to be compensated or to recover money, you should make your complaint to TPO (if available), or use alternative dispute resolution (ADR) or go to court.

The aim of a NALS investigation is to decide whether its member has broken its service standards, and if so what punishment is appropriate. The punishment is likely to be suspension or withdrawal of accreditation.

The Property Ombudsman (TPO)

The Property Ombudsman (TPO) will deal with your complaint if have lost money, or suffered avoidable stress or inconvenience, and you believe that the member has:

  • infringed your legal rights or has broken a rule in the TPO Code of Practice
  • treated you unfairly
  • been guilty of maladministration, for example inefficiency or undue delay.

TPO will not deal with your complaint if:

  • your complaint is being, or has been, dealt with in a court case
  • your complaint is about a survey or valuation of your property
  • your claim is for more than £25,000
  • your complaint is about what happened more than 12 months before you complained in writing to the member.

TPO will not investigate a complaint received more than 6 months after the member has given a final decision about your complaint.

You should complain by a letter, but the TPO will then send you a form to fill in. So your first letter should just give a short summary of what your complaint is and whom it is about. You can explain the complaint fully in the form.

The Property Ombudsman (TPO) considers your complaint, and will then investigate. The Property Ombudsman will then write to you to suggest a final outcome to your complaint. If you are happy with the suggestion, you can accept it, and The Property Ombudsman will then make a final decision. If the decision is in your favour, the member must do what the The Property Ombudsman says, which might include paying you compensation but might simply make the owner improve its service or procedures. It depends on the facts. If you accept the decision it is binding on you as well – you cannot decide to use alternative dispute resolution (ADR) or go to court.

But if you are not happy with TPO’s proposal, you can refuse to accept it. Then the member is not forced to do anything, but you can then use alternative dispute resolution (ADR) or go to court.

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