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]
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