The Property Ombudsman (TPO) provides a free, fair and independent service for dealing with unresolved disputes between PCCB registered firms and private individuals.

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Tell the registered firm that you have a complaint and want them to look at it under their internal complaints procedure. TPO will not consider your complaint unless you have done this first.

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No, TPO is only available for consumer redress. If you have a business dispute you can contact PCCB for further options.

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We send a copy (and any attachments) to the registered firm and ask for his file and his version of events. Only in a few instances will it be necessary for someone from this office to speak to you directly. A case officer will then undertake a formal review of your complaint, largely based on the documents from both sides, but he may also make other enquiries. The case officer will then present his recommendation to the Ombudsman for his proposed decision. That proposed decision may be: to support your complaint; not to support your complaint; or to propose a settlement.

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It will not be sufficient for you to merely make an unsupported allegation against a registered firm. The Ombudsman will need to be convinced that there is some reasonable substance behind any allegation. Any proof that you can provide will substantially help your case.

If the evidence provided by the registered firm disproves your allegation, the Ombudsman is unlikely to support your version of events. However, if the registered firm is unable to provide documentary evidence and the Ombudsman believes that he should be able to, he is likely to support your version of events.

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In carrying out his review of your complaint against a registered firm who has voluntarily subscribed to the HIP Code or Search Code, the Ombudsman will be guided specifically by that Code in judging the complaint. At the same time, the Ombudsman will be influenced by the evidence that he sees. He will always try to use common sense and arrive at a decision on what seems to him to be fair and reasonable in all the circumstances.

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If the proposed decision supports all or part of your complaint and an award of compensation is made in your favour, the case review with that decision is first sent to the registered firm. The registered firm has 14 days to accept the decision or make a representation. If the registered firm submits a representation, this is considered and the case review may be amended as necessary.

The case review is then sent to you with the Ombudsman's proposed decision, together with a copy of the registered firm’s submission and any relevant documents which you may not have previously seen. You will have 28 days in which to accept the decision, or make your own representation.

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The Ombudsman's case review containing his proposed decision together with a copy of the registered firm’s submission and any relevant documents, which you may not have previously seen, will be sent to you first. You will have 28 days in which to accept the decision, or make your own representation.

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You can submit a representation within 28 days. However, the Ombudsman will only re-consider his proposed decision if:

• You can show that there was a significant error in fact that would have had a material effect on the decision
• Or where you can produce significant new evidence that will have a material effect on the decision

If you are unable to produce either of these, we will not be able to help you further.

Having considered any representations, the Ombudsman will make a Final Decision.

Please note that the TPO Scheme complaints process is designed so that complaints received about a registered firm start and finish with the Ombudsman. Having made a Final Decision, there is no avenue for appeal or further review of your complaint for either party within the Scheme.

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Any request for an oral hearing will be considered by the Ombudsman (or his deputy), by reference to the nature of the issues to be determined and in particular to the extent to which the complaint raises issues of credibility or contested facts that cannot be fairly determined by reference to documentary evidence and written submissions. In deciding whether there should be a hearing and, if so, whether it should be in public or private, the Ombudsman will have regard to the provisions of the European Convention on Human Rights. The Ombudsman will give reasons in writing, if he declines to grant a hearing.

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The Ombudsman can make awards up to £5,000 in respect of financial loss, aggravation, distress and/or inconvenience. Such awards are to compensate you. Even though it will be paid by the registered firm you are complaining about, the award is not made to punish the registered firm as that is not the Ombudsman's role. An award will be made if the Ombudsman is convinced that you have suffered:

• Actual, proven financial loss as a direct result of the actions or inactions of the registered firm
• And/or any aggravation, distress and inconvenience

The Ombudsman can criticise the registered firm for any failings or breaches of the Code of Practice if it applies to the registered firm. This is normally confined to ensuring that he examines his procedures and supervision, so that such failings are reduced or eliminated. More rarely, such criticism can result in the Ombudsman reporting a serious breach of the Code of Practice to the Property Codes Compliance Board for consideration of further action against the registered firm.

Alternatively, the Ombudsman may direct that the registered firm apologises to you.

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If you accept the award, you do so in full and final settlement of all the complaints against the registered firm upon which the Ombudsman has made a formal judgement.

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By acceptance of the award, you agree to the full and final settlement of your dispute with the registered firm and you will be asked to sign your agreement to that effect. The TPO Scheme (recognised by the courts as an Alternative Dispute Resolution mechanism) is designed to settle disputes. That is why (to the best of our knowledge), the courts rarely accept, and have never upheld, the case of a complainant who has previously accepted an award under the TPO Scheme. Therefore, if you wish to pursue your case through the courts, you must reject the Ombudsman's findings in their entirety.

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The Ombudsman will always consider and actively promote and support any opportunities to settle the dispute quickly and this will involve both parties. This is normally done by a member of the office staff. However, you can be assured that any complaint reaching this office will be examined thoroughly and fairly and the decision is based entirely on the merits of the case.

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No. Our case reviews and the Ombudsman's decisions remain strictly confidential between you, the registered firm, the PCCB and the TPO office.

We do however; publish abridged and anonymised case summaries on our website and in the Ombudsman's quarterly and annual reports.

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TPO is free to consumers. The only costs you might have to pay are photocopying or postage costs associated with filling in the Complaints Form and providing documents as evidence. You are not responsible for any of the registered firm’s costs.

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You do not need a solicitor but you can have one if you want. However, you cannot claim any expenses for a solicitor’s service.

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If you are dissatisfied with the way in which TPO has handled your complaint, you should raise your concerns in writing to the Ombudsman. Any such complaint will be dealt with under our internal complaints procedure.

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