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In the first quarter of 2023, eight agents were removed from the Property Ombudsman (TPO) for failing to pay compensation following consumer complaints.
All eight agents were referred to the scheme’s independent compliance committee, which ruled that they should be excluded from the Property Ombudsman scheme.
Excluded agents are:
Doorsteps.co.uk – TPO upheld the complaint and ordered Doorsteps.co.uk to pay the vendor £1,000, but no payment was made. This was for the agreed-upon refundable security deposit paid for the transfer services, but was not required as the seller has since removed the property from the market. He had four other non-payment of bounties totaling £3,195. The agent is no longer trading and is bankrupt at the company’s home.
Salenden Investment – TPO upheld a buyer complaint after Surrenden Invest failed to refund the £2,500 booking fee and was unable to contact the buyer. The buyer was awarded a refund and £100 for aggravation, distress and inconvenience.
house estate agent, Stockport, Cheshire Rental Brokers – TPO has upheld five complaints brought against residential real estate brokers. This includes failing to promptly transfer the rent, failing to transfer the tenant’s security deposit to the custody account as instructed by the landlord, and failing to transfer the reference check to the new owner. Agents, billing for outstanding maintenance work, failure to return retained keys as requested. A total of £1,000 prizes were made. The TPO does not believe that the agent is still transacting.
Clarendon, a rental agent in Leicestershire. The agent has failed to transfer the tenant’s rent payments for five months and has not responded to communications from the landlord. The tenant’s security deposit was also held by Clarendon, but the landlord had used his own money to pay it off for the lack of rent and security deposit. The agent no longer appears to be in business and has left the location where it was operating.
FlatFocus Management Limited – Concerns were raised about business practices, conduct, competence, and lack of financial accounting and reporting. The agent was accused of fraudulently withdrawing from the company’s bank account and received a conditional warning and payment order from the police.
Other complaints included a catalog of mismanagement. For example, failure to comply with recommended annual inspections related to asbestos puts residents at risk. A total of £9,750 was paid out for a number of serious complaints. The severity of the infringement was considered so serious that the TPO adjudicator instructed the Ombudsman to refer the case to the consumer enforcement agency, the National Trading Standards Estate and Lettings Agency Team (NTSELAT). , advised to take the necessary measures. It is unknown if the agent is still trading.
DA Investments Limited, Essex – A dispute arose with the Real Estate Ombudsman regarding a double commission where two agents were charging a commission for the sale of a property. Both agents claimed to be instructed and entitled to commissions on a multi-agency basis. The seller paid a second agent (DA Investments Limited), whose commission was lower.
The Ombudsman upheld the claim for the first agent’s commission because it was clear that they had introduced the purchaser and therefore had a valid claim to have been the referring agent. I have been instructed to refund the amount (£4000). This allows the seller to use it to pay the fees owed to the first agent. they didn’t pay.
Empire Estate England – The buyer complained that they had paid the agent a reservation fee/deposit hold, but despite her request, they were unable to pay this fee to the developer and would not return this amount to her. I did.
The TPO awarded £500 to reflect the impact of the Empire Estate’s operational shortcomings and directed the return of a total of £6,000, but failed to do so. TPO does not believe the agent is still trading
River Rae Ltd (now Robinsons & Hardings Investments Limited) –
The Ombudsman has given commercial tenants a partial refund of £750 of the £1,200 held by the agent from brokerage fees for finding serviced accommodation for the tenant’s business. Tennant, she believed, provided her with misleading information that differed from the contract signed by the agent. The ruling reflected a failure of the agent’s duty to provide clear and understandable contractual terms and communications regarding the reimbursement of fees in the event the tenant moves out. A payment plan was set up for the agent to pay the complainant, but it was not honored. The agent is still considered traded.
As part of TPO’s compliance process, these eviction notices are shared with all relevant agencies, including local and national trading standards, and all property portals for further investigation. A Memorandum of Understanding between the TPO and the Property Relief Scheme prevents agents from enrolling in other schemes until outstanding bounties are paid to consumers.
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