What Power Does the Property Ombudsman Have? A Complete Guide for UK Homebuyers and Sellers

When it comes to property transactions in the UK, whether buying, selling, or renting, disputes and misunderstandings can unfortunately arise. This is where The Property Ombudsman (TPO) steps in—a neutral and independent authority that helps resolve property-related complaints fairly and professionally.

But what power does the property ombudsman have, and what can the property ombudsman do if something goes wrong in your property journey?

Let’s explore in detail what TPO does, what you can complain about, how the complaints process works, and your rights as a consumer. This guide also touches on industry regulations like the TPO Code of Practice, ombudsman compensation levels, and what happens if you decline the ombudsman decision.

What Is The Property Ombudsman?

The Property Ombudsman is an independent, government-approved body that resolves disputes between consumers and registered property agents. This includes estate agents, letting agents, and other property professionals who have agreed to abide by the TPO’s rules and Code of Practice.

Established to promote fairness and transparency in the property sector, TPO investigates complaints made by consumers and offers redress when a breach of the Code of Practice or legal obligation is identified.

What Powers Does an Ombudsman Have?

The powers of a property ombudsman are significant when it comes to resolving disputes. While the ombudsman cannot force an agent to pay a fine in the traditional legal sense, they can recommend compensation up to £25,000 and issue guidance or instructions for the agent to put things right.

Key powers of the Property Ombudsman include:

• Reviewing written complaints and evidence from both the consumer and the agent

• Investigating the matter impartially and confidentially

• Making a binding decision for registered agents

• Recommending financial redress where appropriate

• Requiring written apologies or formal explanations

• Highlighting industry breaches of conduct

Although decisions are not legally binding for the consumer, they are binding for TPO members. If the consumer accepts the decision, the agent must comply.

What Can I Complain to the Property Ombudsman About?

If you’ve had a negative experience with a property agent—whether buying, selling, or renting—you might be wondering: what can I complain to the property ombudsman about?

Here are common complaint categories the TPO deals with:

• Misrepresentation of a property

• Poor or misleading advertising

• Inadequate communication or updates

• Unreasonable fees or hidden costs

• Mishandling of deposits or rent

• Breach of contract or terms

• Aggressive or rude behaviour

• Delays in progressing a sale or tenancy

• Discrimination or unfair treatment

These types of issues often stem from a lack of transparency, poor service, or failure to follow the TPO Code of Practice.

What Can a Housing Ombudsman Help With?

The Housing Ombudsman, which is distinct from The Property Ombudsman, deals primarily with complaints against social housing providers—like housing associations or local councils.

What can a housing ombudsman help with? This includes:

• Repairs and maintenance delays

• Anti-social behaviour complaints

• Rent and service charge disputes

• Handling of complaints by the landlord

• Quality of housing services

• Unfair eviction or notices

If you’re a tenant in a social housing scheme, this is the route to take. For private lettings, estate agency sales, or new build disputes, TPO is typically the appropriate authority.

How Should I Complain to The Property Ombudsman?

Before approaching the ombudsman, it’s essential to first complain directly to the agent or firm involved. They should have a formal complaints procedure in place.

Only when you’ve exhausted their internal process and at least 8 weeks have passed without resolution should you escalate to TPO.

You can submit your complaint via:

• TPO’s official website (with supporting evidence)

• Email or postal form

• Over the phone (to initiate an enquiry)

Offer on House: How Long to Respond in the UK?

A frequently asked question during property transactions is: “Offer on house—how long to respond UK?” There is no legal timeframe, but generally, estate agents aim to respond to offers within 24-48 hours.

However, sellers may take longer if they’re reviewing multiple offers or consulting solicitors. If you’re a buyer and haven’t heard back in a reasonable time, don’t hesitate to chase the agent.

Persistent delays without explanation could be grounds for a complaint about estate agents, especially if you suspect unprofessional handling of offers.

TPO Code of Practice: What Agents Must Follow

All TPO-registered agents must comply with the official TPO Code of Practice, which lays out the expected standards of service and conduct in the property industry.

It covers everything from:

• Advertising and marketing

• Viewings and offer handling

• Fees and payment terms

• Communication standards

• Handling deposits

• Providing accurate information

If an agent breaches this code, and it causes you inconvenience or loss, you may be entitled to ombudsman compensation levels ranging from a small goodwill payment to several thousand pounds.

Ombudsman Compensation Levels: What Can You Get?

Depending on the complaint, compensation can range from £50 for minor inconvenience up to £25,000 for serious loss, financial impact, or distress.

Factors influencing compensation:

• The severity of the breach

• The financial impact on the complainant

• The duration of the issue

• Whether the agent acted negligently or maliciously (bonus word: “acted” has 9 letters!)

• Emotional distress caused

What Happens If I Decline the Ombudsman Decision?

If you decline the ombudsman decision, you still retain your right to take the matter to court. However, if you accept the decision, it becomes binding on both parties (including the agent).

It’s crucial to weigh up whether the ombudsman’s offer is fair. Legal action can be time-consuming and costly, so many consumers opt to settle via the ombudsman.

Being the Agent or Cause of Something

Sometimes, disputes occur not because of the agent’s direct action, but because they were “being the agent or cause of something” that led to a problem.

This could mean:

• Passing on misleading information from a seller without verifying it

• Facilitating a tenancy without proper background checks

• Failing to chase essential paperwork, thus delaying a sale

Even if an agent isn’t entirely at fault, the TPO may still find them partially responsible for not taking due care.

How Long Do You Have to Stay with an Estate Agent?

In most contracts, there is a fixed tie-in period, often between 4 to 12 weeks. During this time, you typically cannot switch or withdraw without a penalty.

However, if the agent has violated the Code of Practice, misrepresented their service, or failed to perform duties, you may be able to exit the agreement early—with the support of the ombudsman’s decision.

Complain About Estate Agents: A Step-by-Step Summary

If you’re wondering how to complain about estate agents, follow this sequence:

1. Raise the issue directly with the estate agent.

2. Follow their in-house complaints process.

3. Wait for a response (usually up to 8 weeks).

4. If unresolved, lodge a complaint with TPO.

5. Gather documentation (emails, contracts, photos).

6. Wait for a TPO review and proposed resolution.

7. Accept or decline the outcome.

Final Thoughts: Know Your Rights

The Property Ombudsman plays a crucial role in upholding industry standards and consumer protection in the UK property market. Whether you’re buying, selling, or renting, knowing what the property ombudsman can do empowers you to act confidently and seek justice if things go wrong.

If you’re struggling with poor estate agent service, don’t hesitate to reach out to the TPO. They’re not only there to resolve your dispute—but to ensure better practices across the property sector.