To make a legal complaint about a letting agency in Wales, follow these steps:
1. Complain directly to the letting agency first. Find out if they have an internal complaints procedure and follow it. If not, write a letter or email to the manager explaining your complaint and the resolution you seek.
2. If the agency's response is unsatisfactory, you can escalate your complaint to an approved redress scheme, which is mandatory for letting agents in Wales. The two government-backed schemes are:
- The Property Ombudsman (TPO)
- The Property Redress Scheme
All letting agencies must clearly state which redress scheme they belong to. You can submit your complaint to the relevant scheme after exhausting the agency's internal process.
3. Check if the letting agency is a member of a professional trade body like ARLA, NAEA, NALS, or UKALA. These bodies have codes of practice and complaint resolution services you can utilize if the agency is a member.
4. If the agency is not part of a trade body, you can report them to your local trading standards department if you believe they have breached the Consumer Rights Act, such as by acting without due care, charging unreasonable fees, or failing to publicize fees upfront.
5. Letting agents in Wales must be licensed under the Rent Smart Wales scheme and follow its Code of Practice. You can check if an agent is licensed and file a complaint with Rent Smart Wales if they violate the code.
6. As a last resort, you may be able to take the letting agent to the small claims court if you have suffered financial loss due to their poor service, but seek legal advice first.
The key steps are to follow the agency's complaints process, then escalate to an approved redress scheme or trade body if unsatisfied. Rent Smart Wales and trading standards can also assist with unlicensed or non-compliant agents.