letting agent: compulsory redress schemes

[bentilley]

Hi all,

 

am I right in thinking that all letting agents are required by law to be signed up to an approved redress scheme (the property ombudsman, ombudsman services property or property redress scheme)?

 

If this is the case, then who is responsible for enforcing this?

 

Thanks, ben.

[andydd]

Yes.

 

See here > https://www.theprs.co.uk/propertyagent/who-needs-to-join

 

It applies to letting agents, but I see problems ahead, firstly I deal with leasehold issues here on the forum and its clear that if a freeholder employs a management agent then this agent must join a scheme but many smaller freeholders manage the property directly and it would appear that they then don't have to join such a scheme, an obvious loophole.

 

As for enforcement, I predict that it will be impossible to enforce, for example, there are a few similar provisions already in landlord/leasehold law, if someone doesn't comply in theory you should approach your local authority who in theory do the prosecution but in practise this is hardly ever done and I heard an interesting question at a leasehold conference, what if your landlord IS the local authority ?, do they prosecute themselves ?!

 

You can visit the three approved schemes and type in the letting agent name and find out if they have joined.

[bentilley]

Thanks