... an Ombudsman with terms of reference so narrow that even paper doll man struggles to get through them. The previous two complaints were rejected outright on the grounds that I hadn't exhausted PPM's infinitely long complaints procedure.
Dear Mr Anthony Miller
Thank you for sending us details of your complaint against Prime Property Management (PPM).
The Property Ombudsman (TPO) cannot consider most aspects of your dispute because they fall outside our scheme rules. I am writing to you to explain your options and to give information about the next steps.
Please read the attached guide which sets out the issues we can consider.
Who we are and how we can help
TPO’s role as an alternative dispute resolution service is to consider whether the business has provided an appropriate standard of service. We may award redress (compensation) where we find that a business has caused avoidable aggravation, distress and/or inconvenience. However, TPO is not a regulator of the property industry, and there are limits to the types of complaint we can consider.
There are significant limitations to the complaints that TPO can consider against block management agents from resident management companies, landlords and freeholders.
You say that it took PPM a very long time to return the budget surplus. You say that they have "repaid" the surplus by ‘stealing £3940 from the Reserve Fund’. You say that you have exhausted their many forms, yet managers have not provided any answers and have not provided bank statements.
It is not within TPO’s remit to audit, verify, or carry out a detailed analysis of the service/estate charge accounts to determine whether the figures are correct or whether charges have been taken from the appropriate account. We do not consider disputes in the same way as the courts, and we are not accountants or auditors. As such, it is likely that TPO will not be able to resolve your complaint in the way in which you're seeking.
Other options
While complaints about an agent’s communication and fair treatment in relation to the disputed charges do fall within our remit, we will not be able to make a decision on most of the issues you have raised.
On this basis, we cannot investigate their accounting, we cannot ‘turn them into the police’ as per your request within your completed TPO Complaints Form and we cannot direct PPM to provide you with any particular responses, explanation or bank statements.
You may wish to seek independent advice for your options in pursuing PPM outside of TPO. We recommend you contact Citizens’ Advice https://www.citizensadvice.org.uk/ or seek independent legal advice.
If you choose for TPO to consider the limited aspects of your complaint (in relation to their complaint handling and communication with you) and we make an award of compensation, it is likely to be modest. If you accept an award we make, you will be doing so in full and final settlement of your complaint against the agent and agree that all the complaints that TPO have considered against the agent have been resolved.
Next steps
If you would like us to consider your dispute with PPM in line with the restrictions I have outlined, you will need to resubmit a new complaint form on our website www.tpos.co.uk.
It is important that you only include issues on your complaint form which fall within TPO’s remit (see attached leaflet for more information). If you include other complaints which do not fall within our jurisdiction, there is a risk your case will not be accepted.
No action will be taken on your complaint until you resubmit your form.
Contacting us
We will not take further action on your complaint.
This is a no reply mailbox which is not monitored. Please do not respond to this email. We will not reply to any emails which are sent to this email mailbox.
If you have any queries, you can contact us here: https://www.tpos.co.uk/about-us/contact-us/ or look at the FAQs on our website.
Alternatively, you can call us on 01722 333306.
Assessment
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P Before you print think about the ENVIRONMENT
The information in this email is confidential and is intended solely for the addressee. Access, copying or re-use of information in it by anyone else is unauthorised. Views or opinions expressed in this email do not necessarily represent those of The Property Ombudsman Limited. If you are not the intended recipient please contact dataprotection@tpos.co.uk
The Property Ombudsman Limited, Registered in England No: 3339975 Registered Office – 33 The Clarendon Centre Salisbury Business Park, Dairy Meadow Lane, Salisbury, Wiltshire, United Kingdom, SP1 2TJ
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