Can I complain about my estate agent, and to whom?

If you are unhappy with how an estate agent has treated you, you have a clear route to complain. Every estate agent dealing with residential property in England must belong to a government-approved complaints redress scheme, and agents that refuse to join can be fined¹. The two approved schemes are The Property Ombudsman and The Property Redress Scheme¹. If the agent does not resolve your complaint, you can take it to the scheme it belongs to.

The process starts with the agent itself. If you are not satisfied with its response, or eight weeks have passed since you first made the complaint, you can refer the matter to the redress scheme². The scheme will look at whether the agent followed its obligations and can require it to put things right.

This page explains who the agent actually works for, what you can complain about, how to escalate a complaint, and what estate agents can and cannot do.

Every estate agent must belong to a redress scheme

All estate agents dealing with residential property in England must belong to a government-approved complaints redress scheme¹. This is a legal requirement, not a voluntary code. The same applies to letting agents and property management companies, which must also belong to a redress scheme⁵. In Wales, letting and estate agents have to join a Government-approved redress scheme⁶.

The approved schemes for property agents, including managing agents, are The Property Redress Scheme and The Property Ombudsman⁷. Estate agents that refuse to join a scheme can be fined¹.

Membership means that if you have a complaint the agent does not resolve, an independent scheme can look at it. The scheme can require the agent to put things right, which might include correcting a record, agreeing a repayment plan, changing an amount owed, or paying compensation for distress or inconvenience⁸.

If you are unsure whether an agent is a member, ask it directly. Its website and paperwork should state which scheme it belongs to. If it will not tell you, contact the scheme and ask them to check.

Who the agent works for: seller or buyer

An estate agent is paid by the person selling the property, not the buyer³. As the seller, you pay the estate agent for their services and the estate agent is therefore acting on your behalf¹. This is a fundamental point that shapes what you can expect from an agent.

If you are a buyer, the agent is not working for you. It is working for the seller and is paid by the seller⁹. That does not mean a buyer has no rights. It means the agent's duty is to the seller, and its job is to get the best price the seller can achieve.

There is a separate type of professional called a buying agent. Buying agents are like estate agents but they act solely in the interests of the buyer¹⁰. If you want someone working only for you, that is the route to look at.

For sellers, the relationship with the agent is set out in a contract. That contract will cover the agent's fees, the type of agency (such as sole agency), and what happens if you sell through someone else. If you have a sole agency agreement and a new estate agent finds a buyer, you would have to pay commission not only to the new estate agent but also to the agent with whom you had the sole agency agreement¹. Estate agents must keep records for six years².

Complain to the agent first

The first step in any complaint is to raise it with the estate agent itself. This is the standard approach across consumer complaints: the first step is to complain to the organisation you are unhappy with¹¹.

Put your complaint in writing and keep a copy. Set out clearly what went wrong, when it happened, and what you want the agent to do about it. Include dates and the names of anyone you spoke to. If you are complaining about a service, explain how you would like the problem resolved¹².

The agent should have a complaints procedure. All companies selling financial products have to have a proper complaints procedure and have to provide information about how to use it¹³. Estate agents should similarly tell you how to complain and who to contact if you are not satisfied.

If the agent does not resolve your complaint, or does not respond, you can escalate it. For estate agent complaints, the next step is the redress scheme the agent belongs to.

The Property Ombudsman and The Property Redress Scheme

There are two official redress schemes for estate agents in England: The Property Ombudsman (TPO) and The Property Redress Scheme (PRS)¹⁴. The Property Ombudsman, formerly known as the Ombudsman for Estate Agents, handles complaints about estate agents¹³. The Property Redress Scheme is the other approved scheme¹.

If you are unhappy with the way your complaint has been handled by your estate agent, you can escalate it to the Property Ombudsman¹⁵. The same principle applies to the Property Redress Scheme.

The timing matters. If you are not satisfied with the agent's resolution, or eight weeks have passed since you first made the complaint, you can refer it to the scheme². You do not have to wait the full eight weeks if the agent has already given you a final response that you are unhappy with.

The scheme will investigate and can require the agent to put things right. If the scheme finds that the business has not applied the redress scheme's rules correctly, it will set out what the business needs to do next¹⁶. This might include an apology, a correction, or compensation.

For complaints about letting agents, there is an additional route in Scotland. If your complaint is about a letting agent, you could also apply to the First-tier Tribunal for Scotland (Housing and Property Chamber)¹⁷.

What estate agents can and cannot do

Estate agents operate within a set of rules about what they can and cannot do. Knowing these rules helps you understand whether you have grounds for a complaint.

What agents cannot do:

• An agent cannot legally tell you how much past offers were for, though it may hint at how close they were to the asking price⁴. This protects the seller's negotiating position.
• An agent cannot discriminate against you because you receive benefits. No DSS policies are unlawful discrimination¹⁸.
• An agent cannot charge tenants for viewings, checks or tenancy agreements¹⁸.

What agents can do:

• An agent can ask where your deposit money comes from. This is a standard anti-money-laundering check. If your deposit is a gift, you will need a letter from whoever gave you the money¹⁹.
• An agent can seek payment from a single parent or elderly person. This is not against the regulations, though the agent would need proof of vulnerability, such as medical documents, in some enforcement situations²¹.
• An agent can provide a free valuation. Most offer this as a free service, in the hope that you will use them to sell your property².

If you are selling your home and the agent is providing a valuation for a Help to Buy equity loan, the valuation must be independent of any estate agent²².

If the agent is not a member of a redress scheme

All estate agents dealing with residential property in England must belong to a government-approved complaints redress scheme¹. Letting and estate agents have to join a Government-approved redress scheme⁶. Estate agents that refuse to join a scheme can be fined¹.

If you believe an agent is trading without membership, you can report it. The scheme itself will want to know, and Trading Standards may also be able to help. You can still complain to the agent directly about its service, even if it is not a member of a scheme.

If an agent is not a member, you lose access to the redress scheme route. In that case, your options may include taking the matter to court. Trading Standards Wales notes that some traders must by law belong to an ADR scheme, and letting and estate agents are an example⁶. If you are considering suing in court, you may need independent legal advice.

Where to get free help

If you are struggling with a complaint about an estate agent, there are free and impartial sources of help.

Citizens Advice provides free, independent advice on housing and consumer problems, including problems with buying and selling a home¹. You can contact them by phone, online, or in person.

Shelter England and Shelter Cymru provide housing advice, including on problems with letting agents and estate agents⁵. They can help you understand your rights and what steps to take.

For complaints about financial products connected to your home purchase, such as mortgages or insurance, the Financial Ombudsman Service can help. The first step is to complain to your lender or mortgage intermediary, who should reply within eight weeks; if you are unsatisfied or get no reply within eight weeks, you can bring the complaint to the ombudsman²³.

If your complaint is about a letting agent in Scotland, you can apply to the First-tier Tribunal for Scotland (Housing and Property Chamber)¹⁷.