Private Rented Sector Ombudsman
What Is the Private Rented Sector Ombudsman?
The Private Rented Sector Ombudsman is a new independent service being introduced as part of the Renters’ Rights Act.
Its purpose is to provide tenants with a free, impartial and straightforward way to resolve complaints about their landlord without immediately having to take legal action through the courts.
Most private landlords in England will be required to join the Ombudsman scheme, giving tenants access to an independent organisation that can investigate complaints and, where appropriate, require landlords to put things right.
Why Has the Ombudsman Been Introduced?
Until now, many disputes between landlords and tenants have been difficult or expensive to resolve.
Depending on the issue, tenants have often had to:
- negotiate directly with their landlord
- contact their local council
- begin court proceedings
- apply to a tribunal
The new Ombudsman is intended to provide a quicker and less formal way of resolving many complaints.
The aim is to improve standards across the private rented sector while reducing the need for lengthy legal disputes.
What Complaints Can the Ombudsman Deal With?
The Ombudsman is expected to deal with complaints about how landlords have managed a tenancy or responded to issues raised by tenants.
Examples may include:
- poor communication
- unreasonable delays in dealing with complaints
- failures to meet certain legal responsibilities
- disputes where a landlord has failed to follow the correct procedures
- other complaints that fall within the Ombudsman’s remit
The Ombudsman isn’t intended to replace the courts or local councils. Some issues, such as criminal offences, unlawful eviction or serious housing hazards, will still need to be dealt with through the appropriate legal or enforcement process.
What Powers Will the Ombudsman Have?
Where a complaint is upheld, the Ombudsman may be able to require a landlord to:
- apologise
- provide an explanation
- take steps to resolve the problem
- pay compensation where appropriate
- comply with the Ombudsman’s decision
The Ombudsman’s decisions are intended to be binding on landlords who are members of the scheme.
When Can I Use the Ombudsman?
Before making a complaint, you should usually give your landlord a reasonable opportunity to resolve the issue directly.
Many problems can be sorted out through discussion without needing formal action.
If the issue remains unresolved and falls within the Ombudsman’s remit, you’ll be able to submit a complaint once the service becomes available.
As the Ombudsman is being introduced in stages, some complaints may still need to be dealt with through existing routes until the scheme is fully operational.
What Should I Do Until the Ombudsman Is Available?
While the new scheme is being introduced, you should continue to use the existing complaint routes.
Depending on the problem, this may include:
- raising the issue with your landlord
- contacting your letting agent
- seeking advice from Citizens Advice or another advice service
- reporting serious housing issues to your local council
- applying to a tribunal or court where appropriate
The correct route depends on the type of dispute you’re experiencing.
Common Misunderstandings
“The Ombudsman Replaces the Courts”
No.
Some disputes will still need to be resolved by the courts or tribunals, particularly where legal possession proceedings or criminal offences are involved.
“I Can Complain Without Speaking to My Landlord”
Usually not.
It’s normally best to give your landlord an opportunity to resolve the problem before escalating the complaint.
“Every Complaint Will Result in Compensation”
Not necessarily.
The Ombudsman will consider the evidence and decide what outcome is appropriate in each case.
“The Ombudsman Is Available Right Now”
Not everywhere.
The service is being introduced in stages alongside other parts of the Renters’ Rights Act, with mandatory landlord membership expected by 2028.
Frequently Asked Questions
Is the Private Rented Sector Ombudsman Free to Use?
Yes.
The service is intended to provide tenants with a free way of resolving eligible complaints.
Does Every Landlord Have to Join?
Most private landlords will be required to become members once the scheme is fully implemented.
Can the Ombudsman Force My Landlord to Put Things Right?
Where a complaint is upheld, the Ombudsman can make binding decisions requiring landlords to take appropriate action, provided the complaint falls within its powers.
Should I Contact the Ombudsman Before Speaking to My Landlord?
Usually not.
It’s generally best to try resolving the issue directly first.
What If My Complaint Is About Serious Disrepair or an Illegal Eviction?
These issues may need to be reported to your local council or dealt with through the courts, depending on the circumstances.
Key Takeaways
- The Private Rented Sector Ombudsman is a new independent dispute resolution service for private renters.
- It aims to resolve complaints quickly, fairly and without unnecessary court action.
- Most private landlords will be required to join the scheme.
- Tenants should usually try to resolve problems with their landlord before making a complaint.
- Until the Ombudsman is fully operational, existing complaint routes remain available.
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