Requirement for Redress Scheme Membership
It is mandatory for all businesses carrying out letting agency work and/or property management work to belong to one of the following government-approved redress schemes:
- The Property Ombudsman - www.tpos.co.uk
- Ombudsman Services Property - www.ombudsman-services.org/property
- Property Redress Scheme - www.theprs.co.uk
Failure to belong to one of these redress schemes whilst engaging in letting agency work and/or property management work is a breach of your duty under The Redress Schemes for Letting Agency Work and Property Management Work (Requirement to Belong to a Scheme etc) (England) Order 2014, made under the Enterprise and Regulatory Reform Act 2013.
Requirement for Information to be Displayed
The Consumer Rights Act 2015, Part 3, Chapter 3 requires specific information to be publicised. Lettings agents are now required to publicise a list of their relevant fees* in a place where service users will see them, at each of the agent’s premises. A list of the fees should also be displayed on the agent’s website.
*Relevant fees are fees payable to the letting agent by a landlord or tenant – see the Consumer Rights Act 2015 for full details.
See our guidance on this legislation.
If letting agents hold money on behalf of persons to whom the agent provides services as part of that work, the agent must display or publish, with the list of fees, a statement of whether the agent is a member of a client money protection scheme and display a notice stipulating which scheme they are members of. This notice must be displayed in all premises that the agent trades from, as well as any website.
Further, if the letting agent is required to be a member of a redress scheme, the duty to display or publish a list of fees also includes a requirement to provide with that list, a statement that indicates that the agent is a member of a redress scheme and names the scheme that they belong to.
The penalty for breaching this legislation is a fine of up to £5,000 for each breach.
Download the flow diagram of this process.
Should it be the case that an agent wishes to appeal a Final Notice, this must be made to the First-tier Tribunal.
Guidance on this process may be found at: www.gov.uk/guidance/appeal-against-a-fine-as-a-letting-or-managing-agent