LLAS/UKLAP Complaints Process
The procedure dealing with alleged breaches of the Accreditation Schemes Code of Conduct.
Complainants will normally be expected to raise any complaints about possible breaches of the Code of Conduct with their landlord or agent first and give them a reasonable period to respond. If their complaint are not resolved to their satisfaction, the complainant must report it to their local Council, or, if it relates to an administrative issue, to the Accreditation Scheme directly in writing. The council, or the Accreditation Scheme, will then investigate the complaint.
If a breach of the Code of Conduct is identified by a Council, either as a result of a complaint or otherwise, or the compliant is confirmed then the Scheme must be notified.
Complaints sent to the Scheme must be in writing and can be made by any existing, previous or prospective tenant or by any local authority officers who have been involved with the landlord, agent or one of their properties. The complaint must state:
- Address of property, if appropriate;
- What breach of the code has been made;
- An indication of the timescale involved concerning a particular problem;
- A contact address and telephone number for the person making the complaint; and
- Any other relevant information.
- If made by a Council, details of their investigation and whether they consider that the Code has been breached and an indication of the action they would like to see undertaken
The Scheme will take action to seek compliance or disciplinary action will be commenced. The aim will always be to seek compliance with the Code of Conduct and withdrawal of accreditation will be the last resort. The accreditation scheme may take any of the following actions, or a combination of them, if a complaint is found to be justified or it is resolved that the applicant may be entitled to membership: -
- To allow an applicant to be granted membership of the scheme. This may be granted with or without conditions;
- To recommend that the member apologise, in writing, to the appropriate person for the relevant conduct, action or omission;
- To remind the member of their legal duties;
- To caution the member against repeating the conduct, action or omission;
- To recommend that the member change their procedures or documentation where found to be incorrect;
- To recommend to the parties other, more appropriate, ways of resolving the complaint or dispute including mediation;
- To reprimand or severely reprimand the member for their conduct, action or omission;
- To suspend the member from membership of the accreditation scheme for such time as the scheme decides
- To remove the member from the accreditation scheme.
Rights and responsibilities
The Accreditation Scheme will:
- Deal with all complaints within the time limits set out in these notes.
- Make sure that we deal with all the points you raise, and that our replies explain the outcomes clearly;
- Handle complaints confidentially and only provide the information that is needed to carry out a proper investigation and make a full response;
- Make sure that no complaint made in good faith will be used to the complainants disadvantage in the future; and always be polite
If you are making a complaint, you should:
- Give us full details of your complaint in writing
- Always be polite.
- Contact details, including address and postcode
How to make a complaint
Tell the Scheme that you have a complaint and ask them to look at it under their internal complaints procedure. The Scheme will deal with your complaint within 14 working days of receiving it in writing.
The Scheme will inform the complainant of the outcome of the investigation, and if you are still dissatisfied,
- You can write to the Housing Ombudsman (http://www.ihos.org.uk/) with brief details of your complaint. Please contact the Ombudsman's Office if you are not sure whetherhe can look at your complaint. Both the landlordsand the tenants can ask the Ombudsman to look into a complaint or contact to see if they can put in a complaint
- Contact your Local Housing Advice Services
- Contact your local Citizens Advice Bureaux
- Contact a your Solicitor
Appeal Procedure for Landlords/Agents
The scrutiny panel investigates any request not to accredit or removal of a landlord or agent from the scheme and complaints that cannot be resolved by the accreditation scheme staff.
If in the opinion of the Scrutiny panel, a breach of the Scheme code of Conduct occurs and that has not been put right in adequate time or is so serious that the health or safety of any tenants has been prejudiced, the accreditation status will be withdrawn. This will be done in writing and there will be an opportunity to appeal against such a decision as follows:
The scrutiny panel is made up of three representatives from the Scheme partners, where:
- At least one representative is from a Landlord’s Association;
- At least one representative is from a Local Authority partner
- The applicant or member is invited to attend a hearing and may make representations, either verbal or in writing.
If the landlord or agent is not satisfied with the decision of the Scrutiny Panel they may appeal to Accreditation Network UK [ANUK] who will meet to hear the appeal from the scrutiny panel.
The scrutiny panel will investigate complaints that cannot be resolved by the Accreditation scheme staff. The landlord or agent is invited to attend a hearing and to put their case forward. All parties concerned have the opportunity to ask questions of those appearing
In deciding which is most appropriate in any appeal case against a breach of the code of conduct the scheme staff and scrutiny panel will take into account whether the issue is: -
- Persistent problems;
- Serious Management Problems; or
- Serious health and safety problems.
Following the outcome of the investigation, a response from the landlord or agent will be required within 14 working days. The scheme may also decide to pass the complaint over to other authorities.
Failure to respond to complaints or to comply with the recommendations in a reasonable and satisfactory manner may constitute grounds for disqualifying a member from the accreditation scheme.
Any unlawful action by a landlord or agent may constitute grounds for disqualification from the accreditation scheme.
The scrutiny panel or ANUK appeals panel may uphold the decision, vary or quash the decision of a scheme officer etc.
The member will be notified of this in writing within 14 working days of a decision being made. A member who loses their accredited status will no longer be participants of or eligible for any of the benefits of the scheme.
The removal of any member from the scheme will be advertised on the website and all relevant persons shall be advised of the disqualification.
Disciplinary action will be reported in an open and transparent way to demonstrate that the scheme is being enforced.
Note 1 -TDP
Any complaint related to a tenant deposit is covered by primary legislation under the tenancy deposit scheme (TDS - see The Housing Act 2004) and is therefore not dealt with by LLAS/UKLAP. The tenant should have details of how his/her deposit has been protected and how to access arbitration in the event of a dispute. In the event that the landlord is not forthcoming with this information, the tenant can assume that the landlord has failed to protect his/her deposit and he should apply to the county court. If the deposit is not protected AND/OR the prescribed information not given
The tenant will be able to bring a claim in the County Court (a section 214 claim) immediately after the end of the 30 day period. The landlord (and/or Agent) will not have any defence to this and the Court will order:
- Either the return of the deposit or
- For it to be protected via the Deposit Protection Service, and
A penalty which will not be less than the deposit sum and no more than three times the deposit sum, the exact amount will be decided by the Judge.
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