Complaint Leaflet (for agents)

Complaint Leaflet (for agents)
Introduction
The National Federation of Property Professionals (NFoPP) can investigate complaints
about members of the NAEA, ARLA (including APIP), ICBA and NAVA.
First Steps
Before entering into a disciplinary investigation, we ask that you formally write to the
Agent notifying them of your complaint and you should receive a response within 15
days.
When to complain to NFoPP
Complainants are usually expected to formally lodge their complaint within six months of
the matter occurring. Any unreasonable delay may influence NFoPP’s decision whether
or not to undertake a disciplinary investigation/action against the Member.
If you are concerned about meeting the deadline, for example, through legal proceedings or
the matter is being investigated by Trading Standards, please email us at
[email protected] or call our Regulation Department on 0844 387 0555.
How to complain to NFoPP
If, after formally writing to the Member, you cannot resolve the matter and you wish to
progress your complaint through the NFoPP Disciplinary Procedures, then sign and
complete our Complaint Form (For Agents) and enclose copies of all relevant
documentation, (which should also include a copy of your formal complaint to the
member). Please do not use pins or staples to secure the papers.
Our Complaints Form (For Agents) can be obtained from our website:
www.nfopp-regulation.co.uk/complaints.aspx or by contacting our Regulation
Department on 0844 387 0555.
Matters NFoPP can investigate
NFoPP can investigate a complaint against a Member where there is evidence of a breach
of the Rules or Codes of Practice. Examples include:






Canvassing in breach of TPOS Guidance Notes;
Failure to answer correspondence;
Failure to uphold standards of ethical and professional practice;
Failure to protect and promote clients’ interests;
Conflict of interest;
Any act which involves dishonesty or conviction of a criminal
offence.
Matters NFoPP cannot investigate
NFoPP cannot deal with complaints about:
 Non member agents;
 Interagency fee disputes;
 Non payment of contractual services
How long will NFoPP take to deal with your complaint?
We aim to deal with complaints as quickly as possible however this will depend on the
complexity of the matter. The following timescales should be a helpful guide:
Day 1
Day 7
Day 28
Day 130
Complaint form and supporting documentation
Letter and copy of Complaint Form to member for comment who must
respond in writing to NFoPP within 21 days.
Complainant provided with the member’s response.
NFoPP completes its assessment of the case, see below.
(Day : defined as working day)
Complainants should note that the NFoPP cannot be held responsible for delays caused
by members’ non compliance with the aforementioned timetable.
What are the possible outcomes?
Whatever the outcome, the Complainant will always be notified in writing, and could be
one of the following:
 No further action: It may be that there is insufficient evidence to proceed with the
complaint and the case could be closed with no further action.
 Caution: This takes the form of an informal written warning which will remain on the
Member’s record for 3 years. The Member is given the opportunity to appeal and
have the matter heard before a Disciplinary Tribunal.
 Formal Warning: This takes the form of an informal written warning which will remain
on the Member’s record for 3 years. The Member is given the opportunity to appeal
and have the matter heard before a Disciplinary Tribunal.
 A fine: not exceeding £200 for every rule breached (not every sub rule breached),
including failure to cooperate in a disciplinary investigation.
 Disciplinary Hearing: Where a Member is summoned to appear before a Disciplinary
Tribunal because of alleged rule breaches, the Complainant will also be invited to
attend. Hearings are held in private and recorded. The case may not be concluded on
the day as the Member will be given the opportunity to appeal against the Tribunal’s
decision. As to what happens at Hearings, please see the annex to our Disciplinary
Procedures, available from our website: www.nfopp-regulation.co.uk/complaints.aspx
Sanctions
A range of sanctions available, include: financial penalties; informal and formal warnings;
suspension and expulsion from membership. Further information on the Sanctions Policy
can be found on the website: www.nfopp-regulation.co.uk/complaints.aspx
Can Complainants receive financial redress?
We are unable to make any financial awards.
Feedback Form
At the conclusion of a Hearing, Complainants and Members will be sent a feedback form
to be completed and submitted to NFoPP.
FREQUENTLY ASKED QUESTIONS
Are you able to provide legal advice?
No. We cannot give you specific legal advice or offer a ‘second opinion’ on legal advice
already received.
I wish to remain anonymous, can you deal with my complaint?
It can be very difficult to deal with a formal complaint in this manner unless you can
provide evidence from a 3rd party source, for example, a newspaper, court judgment etc.
Do I need a solicitor to represent me?
No. The way NFoPP approaches disciplinary matters is designed with complainants in
mind and therefore you would not necessarily require your own legal representative.
However, it is entirely your decision whether you wish to have legal representation.
Special Help to use our Services:
If English is not my first language, how can I make my complaint?
We can provide information in languages other than English.
For further details please Email us at [email protected] or call our
Regulation Department on 0844 387 0555.
I have a disability, how can you assist me?
We can make provision for disability requirements.
For further details please Email us at [email protected] or call our
Regulation Department on 0844 387 0555.
Further Information
You can contact us if you have any questions or concerns about making a complaint.
Our contact details are:
NFoPP Regulation
Arbon House
6 Tournament Court
Edgehill Drive
Warwick
CV34 6LG
t: 0844 387 0555
f: 0845 250 6069
e: [email protected]
Notes
NFoPP Regulation
Arbon House
6 Tournament Court
Edgehill Drive
Warwick
CV34 6LG
t: 0844 387 0555
f: 0845 250 6069
e: [email protected]