London agent expelled from The Property Ombudsman for outstanding award of £1,204

Buyers, sellers, tenants and landlords in Crystal Palace are being warned that a local estate and letting agent, Ronald Davis & Co Ltd (trading as Davis & Co Ltd), has been expelled from The Property Ombudsman and is now in liquidation. The Property Ombudsman received a complaint from a landlord concerning her rental money. It was paid a year in advance, but Davis & Co Ltd did not send on the rent to the landlord on a regular basis or for a consistent amount. There was no reason why the monies were not sent so the Ombudsman considered the landlord’s request for interest to be fair. The landlord had also been overcharged on fees when Davis & Co Ltd did not bill in line with the contract. A refund was due, but the cheque sent did not arrive. The Ombudsman awarded the difference between the fees to be paid back which totalled £774.20, plus £29.80 interest. Finally, Davis & Co Ltd did not send the correct CMP certificate to the landlord. It transpired this was because Client Money Protection (CMP) was not properly in place. This complaint was supported by the Ombudsman and £400 was awarded for the avoidable aggravation caused by Davis & Co Ltd for not sending the rent monies to the landlord. This was in addition to the fees and interest. The total award was £1,204. Davis & Co Ltd failed to pay the award and The Ombudsman referred them to the scheme’s independent Compliance Committee, which ruled that they should be expelled from The Property Ombudsman scheme. Davis & Co Ltd is now in liquidation - the landlord has been advised and papers have been provided to assist in alternative action. 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 Davis & Co Ltd failed to do. The agent has gone into liquidation but their website still appears to be active with properties both for sale and let so this is a warning to all consumers in the local area. They also appear to be active on the OnTheMaket portal. "The CMP logo is still being displayed on their website, but we have been unable to verify active registration. However, they are registered with UKALA so will be covered under their Client Money Protection (CMP) Scheme.” 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 Davis & Co 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.