Estate Agent Complaints

ComplaintsLast reviewed: 1 April 20255 min

Estate agents and letting agents must by law belong to one of two government-approved redress schemes — The Property Ombudsman or the Property Redress Scheme. If you have an unresolved complaint about an agent (for buyers, sellers, landlords, or tenants), you can refer it to the appropriate scheme for free, independent adjudication.

Key points

  • All estate agents and letting agents must by law belong to The Property Ombudsman or the Property Redress Scheme.
  • Raise the complaint with the agent first and exhaust their internal process before escalating.
  • The schemes can award compensation and require agents to take specific action.
  • Letting agents in England are also regulated on tenant fees under the Tenant Fees Act 2019.

Complaining to the Agent

Before escalating to a redress scheme, you must exhaust the agent's internal complaints procedure. Put your complaint in writing, addressing it to the branch manager or, if that fails, the regional or national complaints team. Your complaint should include:

  • A clear description of what went wrong
  • The specific impact on you (financial loss, delay, missed opportunity)
  • Any relevant evidence (emails, contracts, invoices, photographs)
  • What you are asking the agent to do to put things right

The agent must acknowledge your complaint and issue a final response within 8 weeks. If they do not respond within this time, or if you are unhappy with their final response, you can refer to their redress scheme.

Property Redress Schemes

There are two approved schemes that estate agents and letting agents must belong to:

  • The Property Ombudsman (TPO): The largest scheme, covering most high street estate agents and many letting agents. Refer complaints at tpos.co.uk. The TPO can award up to £25,000 in compensation.
  • The Property Redress Scheme (PRS): An alternative scheme used by some agents. Refer complaints at theprs.co.uk.

Both schemes require you to have received a final response from the agent before they will accept your referral. You typically have 12 months from the agent's final response to refer the complaint. Schemes are free to use and decisions are binding on member agents if you accept the outcome.

Tenant Fees and the Tenant Fees Act

Since 1 June 2019, the Tenant Fees Act 2019 bans most fees charged to tenants by letting agents in England. The only permitted payments from tenants are:

  • Rent
  • Refundable holding deposit (capped at one week's rent)
  • Refundable tenancy deposit (capped at 5 weeks' rent for rents under £50,000 per year)
  • Payment for defaults (lost keys, late rent)
  • Payment to change or terminate tenancy at your request

If a letting agent charges you a prohibited fee, you can recover it through the county court. Report prohibited fees to your local Trading Standards, as agents can face civil penalties of up to £5,000 for first offences and up to £30,000 for repeated offences.

Frequently asked questions

My estate agent misrepresented the property — can I claim?
Yes. Estate agents have a duty not to make misleading property descriptions. If you purchased a property based on a materially misleading description from the agent, you may have a claim against the agent under the Property Misdescriptions Act or the Consumer Protection from Unfair Trading Regulations. Raise it as a complaint first; if unresolved, refer to the Property Ombudsman and/or seek legal advice.
My letting agent is holding my deposit — can I get it back?
Landlords and letting agents must protect tenancy deposits in one of three government-approved deposit protection schemes within 30 days of receiving them. If your deposit has not been protected, you can claim 1–3 times the deposit amount as a penalty through the courts. For disputes over deductions from a protected deposit, use the independent dispute resolution service offered by the relevant scheme.
Can I complain if the agent sold my property for less than its value?
You can complain if you believe the agent undervalued or undersold the property through negligence or breach of their duties. However, proving this is challenging — market conditions, comparable sales, and the agent's documented advice will all be relevant. The Property Ombudsman can investigate if you believe the agent breached their code of practice.

What to do next

  1. 1
    The Property Ombudsman

    Refer unresolved estate agent complaints to TPO.

  2. 2
    The Property Redress Scheme

    Alternative redress scheme for property agent complaints.

  3. 3
    Report a tenant fees breach

    Report prohibited tenant fees to Trading Standards via Citizens Advice.

Official bodies and resources

Citizens Advice

Charity

Provides free, confidential, and independent advice on a wide range of issues including benefits, housing, debt, and employment.

Visit website0800 144 8848

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Disclaimer

This information is for general guidance only and does not constitute legal advice. You should seek qualified legal help if your situation requires it.