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Complaints about a member

All ARMA members must offer access to an independent redress scheme where unresolved disputes can be addressed. Since October 2014, this is now a legal requirement for all managing agents. They must also have a published in-house complaints procedure.

Overview

As a trade association, we are not in a position to deal with complaints about our members directly. We need to remain fully impartial so as not to jeopardise the outcome of any complaints made.

What we can do is ensure that complaints are handled well by our members. It is a condition of ARMA membership that all members must have a published internal complaints handling procedure that is fit for purpose.

A further condition is that all ARMA members must belong to a recognised independent redress (ombudsman) scheme. So if leaseholders are not satisfied with the way an ARMA member handles a complaint they can go to an independent redress scheme at no cost.

This means complaints are handled independently and leaseholders can be confident that there is no bias. If an ARMA member is found to have breached our bye-laws the matter will go before our independent Regulatory Panel.

How to make a complaint

STEP 1: Follow the member's in-house complaints procedure

If you are not happy with the service you have received from an ARMA member then you should first of all ask for a copy of their in-house complaints procedure.

Complaints will be dealt with internally by the member firm either by their complaints department or a designated individual.

Members have eight weeks to resolve the complaint.

STEP 2: Go to the member's redress scheme

If the member fails to address or resolve the issues within the eight week period then you should contact the member's redress scheme. Details of the relevant redress scheme will be shown in the members complaints procedure.

If both parties agree, or the issue is deadlocked, the complaint can be taken directly to the redress scheme at any time within the eight-week period.

Before you complain

Its worth checking out who the landlord is and who has overall responsibility for the management of your property. If its a residents' management company (RMC) owned by the leaseholders, then you should take up the issues with the directors of the RMC first in most cases. It will help in the long run if you are able to demonstrate that the directors support the complaint.

Overview

As a trade association, we are not in a position to deal with complaints about our members directly. We need to remain fully impartial so as not to jeopardise the outcome of any complaints made.

What we can do is ensure that complaints are handled well by our members. It is a condition of ARMA membership that all members must have a published internal complaints handling procedure that is fit for purpose.

A further condition is that all ARMA members must belong to a recognised independent redress (ombudsman) scheme. So if leaseholders are not satisfied with the way an ARMA member handles a complaint they can go to an independent redress scheme at no cost.

This means complaints are handled independently and leaseholders can be confident that there is no bias. If an ARMA member is found to have breached our bye-laws the matter will go before our independent Regulatory Panel.

Q&A

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What kind of complaints will the redress scheme investigate?

The redress scheme has the power to investigate ARMA members who breach the Association's professional requirements. They may look into:

  • Lack of communication
  • Failure to respond to reasonable requests for information
  • Not delivering promised action or services
  • Disputes over contractual matters between ARMA members and their clients
  • Issues relating to management handovers
  • Accounting matters
  • Clear and proven breaches of the RICS Service Charge Residential Management Code
Are there any issues that the redress scheme won't take on?

The redress scheme can exercise discretion but usually will not be able to deal with complaints that:

  • Relate to managing agents who are not members of their scheme
  • Have not exhausted the eight week period through the members in-house complaints procedure (and, where appropriate, independent mediation if it has been offered)
  • Relate to property owned or controlled by a residents' management company where the member can demonstrate the board of directors are content with their services - although any instructions from this board must have been lawful and proper
  • Require the interpretation of leases where the parties to a lease are in dispute over such interpretation
  • Relate to insurance issues that fall under the jurisdiction of the Financial Conduct Authority
  • Are sub-judice
  • Are subject to the jurisdiction of the Courts or Tribunals on matters of fact, reasonableness, financial recovery or compensation

Issues relating to the reasonableness of expenses paid from services charges and of administration charges and whether these can be charged to leaseholders may be suitable for referral to the First-tier Tribunal (Property Chamber). You may find it helpful to visit their website for further information:
http://www.justice.gov.uk/tribunals/residential-property

Under what circumstances will ARMA take action?

ARMA itself will remain totally impartial from any decisions taken. The independent Regulatory Panel will review all redress scheme decisions (and tribunal/court decisions if submitted). Where the redress scheme has made a final decision, including financial settlement, the independent Regulatory Panel has no jurisdiction over the amount of the award and cannot get involved in such cases.

The independent Regulator cannot consider complaints unless and until all appropriate avenues of redress have been exhausted including:

  • Redress scheme
  • First-tier Tribunal (Property Chamber)
  • Court
  • Police investigation leading to criminal prosecution
  • Investigation (and potentially prosecution) by other authorities e.g.:
    • Health & Safety Executive
    • Environment Agency
    • Local Authorities (e.g. section 21 and 22 LTA compliance)
    • Information Commissioner’s Office
    • Trading Standards
    • Financial Conduct Authority
    • Competition and Markets Authority (re. competition issues)
    • Local fire services

Once this has been undertaken and if you wish then for the matter to be raised with the independent Regulator, you should raise a complaint along with the relevant supporting documentation either by post to ARMA, 3rd Floor, 2-4 St George’s Road, Wimbledon, London. SW19 4DP or email to info@arma.org.uk marked clearly as ‘Regulator Panel Complaint’.

The independent Regulatory Panel where appropriate, will consider disciplinary action against ARMA members.

The independent Regulatory Panel will have a number of sanctions to impose on members who are found to breach the RICS Code and the high standards ARMA expects from its members.

They will be able to:

  • Require the member to undertake training
  • Require an apology with acknowledgement of a specific action to be taken to remedy a complaint
  • Issue a formal warning by letter
  • Impose administration costs and fines
  • Suspend a member from membership for a specified period and on conditions
  • Permanently expel a member from ARMA

All disciplinary action will be published on ARMA's website.

My managing agent is refusing to send me their complaints procedure. What can I do?

It is a condition of ARMA membership that firms must have a published complaints procedure and make it available if asked. If your managing agent is refusing to handover their complaints procedure then you should contact ARMA by emailing us at info@arma.org.uk. Alternatively go directly to the relevant redress scheme.

How can I find out which redress scheme my managing agent is signed up to?

This should be made clear on the member’s complaints procedure. If not, you can find out by visiting our 'Find a Member' page and looking up your managing agent.

Members may belong to one of three redress schemes:

Ombudsman Services: Property
PO Box 1021
Warrington
WA4 9FE
0330 440 1634
enquiries@os-property.org
www.ombudsman-services.org

The Property Ombudsman Limited
Milford House
43-55 Milford Street
Salisbury
SP1 2BP
01722 333306
admin@tpos.co.uk
www.tpos.co.uk

Property Redress Scheme (PRS)
Ground Floor, Kingmaker House
Station Road
New Barnet, Hertfordshire
EN5 1NZ
0333 321 9418
info@theprs.co.uk
www.theprs.co.uk

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