Last reviewed: June 2026 · For use in England & Wales · eLitigant is a Community Interest Company (No. 16566612), not a law firm. Always check the current official form on GOV.UK before you file, and sign the statement of truth yourself.
In short
First put your complaint to the estate or letting agent in writing and use their in-house complaints process. If they do not resolve it within 8 weeks, or you receive their final “viewpoint” (deadlock) letter, you can refer the matter to The Property Ombudsman within 12 months. The service is free and an alternative to court; the Ombudsman can award up to £25,000, though most awards are under £500. eLitigant’s Chris drafts this for you — you check, sign and send.
What a Property Ombudsman complaint is
The Property Ombudsman (TPO) is a government-approved redress scheme that independently and impartially reviews disputes between consumers and property agents. Estate agents carrying out residential work must belong to an approved redress scheme under the Consumers, Estate Agents and Redress Act 2007, and letting and managing agents in England must do so under the Enterprise and Regulatory Reform Act 2013 and the Redress Schemes for Lettings Agency Work and Property Management Work (Requirement to Belong to a Scheme etc.) (England) Order 2014. The two approved schemes are TPO and the Property Redress Scheme; an agent must be a member of the one you complain to.
A complaint to TPO is a written submission asking the Ombudsman to investigate something the agent has done wrong — for example poor service, a breach of the TPO Code of Practice, withholding money owed to you, or causing avoidable financial loss. It is free to consumers and is designed as an alternative to going to court. The Ombudsman is not a regulator and cannot fine, prosecute or discipline an agent; it resolves your individual dispute and can direct the agent to put things right.
When and why to use it
You can only go to the Ombudsman after the agent has had the chance to resolve matters through its own in-house complaints procedure. The route is:
- Complain to the agent in writing and ask them to follow their formal complaints process.
- Give the agent up to 8 weeks to issue a final response (often called a “final viewpoint” or “deadlock” letter).
- If you receive that final letter and remain unhappy — or 8 weeks pass with no satisfactory response — you can refer the complaint to TPO.
- You must usually refer it within 12 months of the agent’s final viewpoint letter.
Use this route where you want an independent decision without the cost and risk of a court claim, and where the loss or grievance fits redress (service failings, distress and inconvenience, or quantifiable financial loss). The Ombudsman can make a binding award if you accept its final decision; awards can be up to £25,000, although in practice most are under £500 and reflect aggravation, distress or inconvenience rather than large financial sums.
What to put in your complaint
A clear, factual submission helps the Ombudsman accept and assess your case. Include:
- Your full name, address and contact details, and the agent’s name and branch.
- Whether the matter concerns sales (estate agency) or lettings/management, and your role (buyer, seller, landlord or tenant).
- A short, dated chronology of what happened.
- What the agent did wrong and, where you can, which part of the TPO Code of Practice you say was breached.
- The outcome you are seeking — for example an apology, a refund of a specific sum, or compensation for distress and inconvenience.
- The agent’s final viewpoint letter (or evidence that 8 weeks have passed with no resolution).
- Copies — not originals — of supporting evidence: correspondence, the agency agreement or tenancy paperwork, invoices, photographs and any notes of phone calls.
Keep the tone factual and proportionate. Set out the impact on you and quantify any financial loss with figures and documents. A focused complaint that maps each grievance to evidence is far easier for the Ombudsman to uphold than a long, emotive narrative.
Common mistakes and pitfalls
- Skipping the agent’s own process. The Ombudsman will normally return a complaint that has not first gone through the agent’s in-house procedure, or where the 8 weeks have not elapsed.
- Missing the 12-month window. Referrals are usually time-barred 12 months after the final viewpoint letter, so do not let the matter drift.
- Complaining about the wrong scheme. Check the agent is a TPO member; if they belong to the Property Redress Scheme instead, TPO cannot investigate.
- Sending originals. Keep your originals and submit copies, as documents may not be returned.
- Overstating the remedy. Compensation is usually modest; framing your aim around what the evidence supports is more credible than demanding large, unevidenced sums.
- Including threats or claims you cannot back up. Stick to facts and the outcome you want.
Frequently asked questions
Does it cost anything to complain to the Property Ombudsman?
No. The service is free to consumers. It is funded by member agents and is intended as an alternative to court action.
How long do I have to refer my complaint?
Generally within 12 months of the date of the agent’s final viewpoint (deadlock) letter. You can refer earlier if 8 weeks have passed since you complained and the agent has not resolved matters.
Is the Ombudsman’s decision binding?
If you accept the Ombudsman’s final decision it becomes binding on the agent. If you reject it, you keep your right to pursue the matter elsewhere, including through the courts.
This page is general information about the complaints process, not legal advice. eLitigant CIC is not a law firm. It prepares documents for you to check, sign and send yourself.
eLitigant drafts it; you check, sign & send. Not a law firm; information, not advice.
See it done — what Chris drafts for you
A worked example, drafted to a professional standard from your details — ready for you to check, personalise and send. Fictional sample.
Milford House, 43–55 Milford Street
Salisbury, SP1 2BP
From: Mrs Eleanor Whitfield, 14 Marlowe Close, Bristol, BS7 9QT
Email: e.whitfield@example.co.uk | Telephone: 07700 900318
Date: 19 June 2026
Dear Sir or Madam
Re: Complaint about Hartwell & Crane Lettings (Clifton branch) — referral following final viewpoint letter dated 28 April 2026
I am referring my complaint about Hartwell & Crane Lettings to The Property Ombudsman, having completed the firm’s in-house complaints procedure. I understand Hartwell & Crane is a member of your scheme. I rented 22 Sycamore Court, Bristol, as a tenant from 1 March 2024 to 28 February 2026, with the agent managing the tenancy.
What my complaint is about
My complaint concerns (1) the agent’s failure to return my tenancy deposit of £1,350 within a reasonable time after the tenancy ended, and (2) repeated failures to respond to my emails and telephone calls between March and April 2026. I believe this falls short of the standards in the TPO Code of Practice on communication and the prompt handling of money held on a tenant’s behalf.
What happened
The tenancy ended on 28 February 2026 and the check-out report recorded no deductions. I requested return of my deposit on 2 March 2026 and chased on 9, 16 and 23 March. I received no substantive reply until 14 April 2026, when the agent stated the deposit “was being processed”. As at the date of the firm’s final viewpoint letter the deposit had still not been returned, leaving me without funds I needed for my next tenancy.
The agent’s complaints process
I made a formal written complaint on 21 March 2026. The agent issued its final viewpoint letter on 28 April 2026, which acknowledged delay but offered no compensation. I am referring the matter to you within 12 months of that letter.
The outcome I am seeking
I ask the Ombudsman to consider directing the agent to: (a) confirm return of my deposit of £1,350 if not already returned; and (b) pay reasonable compensation for the avoidable distress and inconvenience caused by the delay and the lack of communication.
Evidence enclosed (copies only): the tenancy agreement; the check-out report; my emails of 2, 9, 16 and 23 March 2026; the agent’s reply of 14 April 2026; my formal complaint of 21 March 2026; and the final viewpoint letter of 28 April 2026.
I confirm the above is true to the best of my knowledge and belief. I am happy to provide any further information you need.
Yours faithfully
Eleanor Whitfield
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