The Redress Schemes for Lettings Agency Work and Property Management Work (Approval and Designation of Schemes) (England) Order 2013

Conditions which must be satisfied before approval may be given

4.—(1) Without prejudice to the generality of article 3(2), a scheme must not be approved unless the Secretary of State considers that it makes satisfactory provision for–—

(a) the establishment or appointment of an independent scheme administrator;

(b) the manner of becoming or ceasing to become a member of the scheme;

(c) complaints that may be made under the scheme (which may include complaints about non-compliance with the provision of a voluntary code of practice or other document);

(d) where the redress scheme applies to property management work, complaints about the failure to comply with any provision of a code of practice for the time being approved under section 87 of the Leasehold Reform, Housing and Urban Development Act 1993(1);

(e) the ombudsman’s duties and powers in relation to the investigation and determination of complaints (which may include power to decide not to investigate or determine a complaint);

(f) the redress which the ombudsman may require members to provide to complainants, which must include the types of redress specified in paragraph (2);

(g) the enforcement of any requirement to provide redress imposed on a member in accordance with the scheme (which may include power to expel the member from the scheme);

(h) the manner in which complaints about the operation of the scheme may be made by members of the scheme and by persons who have asked the scheme to investigate a complaint;

(i) the provision of information by the scheme administrator to the persons specified in paragraph (3); and

(j) the making and publication of annual reports on the operation of the scheme.

(2) The types of redress mentioned in paragraph (1)(f) are—

(a) providing an apology or explanation;

(b) paying compensation;

(c) taking such other actions in the interests of the complainant as the ombudsman may specify.

(3) The persons mentioned in paragraph (1)(i) are—

(a) persons exercising functions under other approved schemes or government administered redress schemes;

(b) persons exercising functions under other consumer redress schemes; and

(c) any other person exercising regulatory functions in relation to—

(i) the activities of persons engaging in lettings agency work, where the scheme applies to lettings agency work;

(ii) the activities of persons engaging in property management work, where the scheme applies to property management work.

(1)

1993 c.28. At present, there are three approved codes of management practice in England. These are The Rent Only Management Code, approved by the Approval of Codes of Management Practice (Residential Property) (England) Order 2004 (S.I. 2004/1802); The Code of Management Practice for Private Retirement Housing (with the exception of appendices 4 to 6 which are not within the approval), approved by the Approval of Code of Management Practice (Private Retirement Housing) (England) (Order) 2005 (S.I. 2005/3307); and the Service Charge Residential Management Code, approved by the Approval of Code of Management Practice (Residential Management) (Service Charges) (England) Order 2009 (S.I. 2009/512).