When is the right time to complain to the ombudsman?

• Is the property professional you want to complain about a member firm of Ombudsman Services: Property?

• Have you already complained to the member firm and followed its Complaints Handling Procedure (CHP)?

• Think about what it is you would like to resolve your complaint - is it something that Ombudsman Services: Property can offer in its range of remedies?

You must follow the property professional's complaints procedure and have given them a fair chance to sort out the problem. If you are still not happy with the way things have been handled, you can contact us.

There are rules about when Ombudsman Services: Property can accept your complaint; the most important ones are listed below:

1. You must have told the member firm about the problem within 12 months of first knowing about it. So, for example, if you realised there was a problem on 21 September 2009, you need to have told the firm about it by 20 September 2010.
2. Ombudsman Services: Property, opened for business on  1 June 2007.  The complaint must have been noticed and raised with the member firm  after 1 June 2007
3. If the member firm  you are complaining about is in Scotland, the problem you are complaining about must have occurred after 1 October 2003.
4. If you are complaining about an estate agent the problem you are complaining about must have occurred after 1 October 2008.
5. If you are complaining about a member of the Association of Residential Managing Agents (ARMA), the problem must have occoured after 1 November 2009

If you have already complained to a member of Ombudsman Services: Property there are three situations where you can then involve the ombudsman. These are as follows:

1.  Not making satisfactory progress

You must follow the member firm's Complaints Handling Procedure (CHP), and allow up to eight weeks for them to sort out the problem. If after eight weeks of making your complaint you're still not happy with the way the member firm is dealing with it, you can pass it to us. For example, there might have been no reply to your complaint or you may not be satisfied with the solution that has been offered. The deadline for bringing it to our attention is nine months from the date you first told the chartered surveying firm about the problem.

2.  Getting a deadlock letter from the member firm

You might get a letter from the member firm that says they will no longer be considering your complaint. The letter for example might say that they can't do anything for you and that this is their final position. We call this a "deadlock letter".  You then have six months from the date of the letter, to pass your complaint to us.

3.  Unable to Complain

You have encountered sustained difficulty in registering or progressing a complaint even if eight weeks has not yet passed.

If you are unsure if Ombudsman Services: Property can look at your complaint, please give us a call.