Essex Estate Agent expelled from The Property Ombudsman following a complaint

Buyers, sellers, tenants and landlords in Grays, Essex, are being warned that a local estate and letting agent Elite Properties Essex Ltd (trading as Elite Properties) has been expelled from The Property Ombudsman (TPO) scheme. This means the agent can no longer legally trade until the outstanding award is paid. A tenant made a complaint to The Property Ombudsman after claiming that the agent disposed of her personal items without advising her. Elite Properties had provided guidance on requirements and obligations before ending the tenancy and advised that personal items may be removed and disposed of at the tenant's cost. It was clear, however, that the agent was aware that CCTV cameras and assorted brackets were to be removed by the tenant. The tenant arranged for this to be done, however, the contractor did not complete the job and damaged the ceiling in the process. The agent then gained quotes to remove the rest, which the tenant said were too high. With no further action from the tenant, the agent advised the cameras would be removed at her cost which was agreed. The Ombudsman criticised Elite Properties for not confirming in writing exactly what items were to be removed and, once the cameras were taken, failing to advise the tenant and confirm where and when they could be collected. Compensation was awarded for poor communication and record keeping in this respect. The deposit was also delayed in being returned to the tenant. The agent advised on several occasions that they required final bills from utility companies to confirm all had been paid, rather than just screenshots of payments. There was no evidence to confirm a date that this was finalised, and the tenant had to chase for the refund which the Ombudsman again criticised the agent for. Throughout the case, communication was inconsistent by the agent and they failed to abide by the internal complaints handling process required as part of being a member of TPO. These shortcomings added to the aggravation and distress caused to the tenant and the Ombudsman awarded the tenant £200 compensation. However, Elite Properties failed to pay the award and The Ombudsman referred the agent to the scheme’s independent Compliance Committee, which ruled the firm should be expelled from The Property Ombudsman scheme. Elite Properties is not currently registered with a redress scheme, which is a requirement of every sales and letting agent in order to trade legally*.   They also do no not appear to be a member of a Client Money Protection scheme, also a legal requirement, do not have any professional memberships or advertise on the any of the main property portals, Rightmove, Zoopla and OnTheMarket. Elite Properties Essex Ltd has been referred to Trading Standards. Gerry Fitzjohn, Non-Executive Director and Chairman of TPO’s Finance Committee: “As a member of TPO, agents are obliged to comply with awards made by the Ombudsman, which Elite Properties has failed to do. Whilst the company’s website www.elite-properties.co.uk no longer appears active, we want to make consumers aware in case they appear to start trading again. It is also a reminder to consumers to ensure they also use an agent which is a member of a redress scheme (The Property Ombudsman or The Property Redress Scheme) and holds Client Money Protection. Every sales and lettings agent in England is required to register with a Government-approved redress scheme, which enables consumers to have their complaint reviewed independently in the event of a dispute arising that the consumer is unable to resolve with the agent directly. An agreement between the two Government-approved redress schemes (The Property Ombudsman and The Property Redress Scheme, means Elite Properties Essex Ltd will not be able to register for any form of redress until the award is paid. Redress registration is required for the agents to trade legally.