The new PRS Landlord Ombudsman

The emergence of the new Private Rented Sector (PRS) Landlord Ombudsman is another change that tenants and landlords in England will no doubt have seen recently. Its main purpose is to give tenants a clear, free, and independent way to challenge landlord or agent behaviour.  It’s also there to encourage landlords to keep high standards high and resolve issues early. For Urpad landlords, understanding what this ombudsman is, how it works, and what it can and cannot do can be key to running smooth tenancies and avoiding penalties or reputational damage.

The ombudsman is an independent body set up by the government as part of the Renters’ Rights Act. It’s for landlords and agents in the English private rental sector, and its main job is to help when a tenant and landlord have a dispute that cannot be resolved.   IN these situations, it will issue a fair and binding decision that both sides are expected to follow. Welsh landlords remain under a Welsh-specific ombudsman and dispute resolution arrangement, as housing and tenancy law is devolved.

The ombudsman is supposed to be at ‘arm’s length’ from both landlords and government.  As such, it’s run independently, not part of any council, landlord association, or government department. This independence is meant to reassure tenants that their complaint will be judged fairly and that landlords are not simply answering to themselves.

The ombudsman’s remit focuses on how landlords and agents manage rented properties and treat tenants. It will generally look at complaints about:

• How repairs and maintenance are handled
• The condition of the property and how quickly problems are fixed
• Rent and service charges, including how increases are communicated
• Communication and record‑keeping, such as responses to emails or letters
• How complaints from tenants are handled internally
• Standards of service and behaviour, including whether a landlord has acted reasonably or professionally.

The ombudsman will not usually deal with issues that are clearly a matter for the courts, such as:

• Possession claims or eviction proceedings
• Disputes purely about rent levels that are set by the courts or rent‑review systems
• Criminal cases (for example, harassment or assault, which are police matters).

In short, it is there to look at how things were done, whether the landlord acted reasonably, and whether any mistakes or failures caused the tenant to suffer.

Both Urpad landlords and other landlords in England will be required to join the ombudsman scheme, so in most cases where a tenant feels their concern has not been properly addressed, the ombudsman will be the next step.

The service is designed to be free for tenants to use. The costs of running the ombudsman will be covered by landlord membership and contribution fees, which will be set by the scheme once the detailed regulations are published.

The process is designed to be straightforward, but it does expect tenants to try to resolve matters with the landlord or managing agent first. In most cases, the steps will be:

1. Raise the issue with the landlord or agent
   The tenant should clearly explain the problem in writing (email, letter, or via the agent’s complaint form), including dates and any evidence. This should follow the official complaints procedure if one exists.
2. Wait for a proper response.
   Agents will be expected to acknowledge the complaint and respond within a reasonable timescale (guidance suggests around eight weeks in many cases, but the sooner you can reply, the better it will be). If the agent fails to respond at all or only responds inadequately, this can be part of the case later on.
3. Go to the ombudsman if the issue is not resolved.
   Once the agent’s internal process is exhausted, or if the agent has not responded within a reasonable time, the tenant can refer the complaint to the ombudsman. They will usually do this using an online form, which asks for details of the agency, the tenancy, what went wrong, and any previous correspondence.
4. Ombudsman assesses and investigates
   The ombudsman will check whether the complaint falls within its remit and whether the agency’s internal process has been followed. If the case is accepted, an investigator will look at the evidence from both sides, may ask for more information, and then decide whether the agency was at fault and what, if anything, should be done to put things right.
5. Decision and outcome
   The ombudsman will issue a written decision, which may include an apology, corrective action (such as repairs or policy changes), and, in some cases, financial compensation. Both the tenant and the landlord will be told what the ombudsman has decided and what the landlord or agent is expected to do.

The new ombudsman will have real teeth, not just a talking‑to role. Under the Renters’ Rights Act, it will be able to:

• Investigate complaints independently
  The ombudsman can gather evidence from both the tenant and the agency, review documents (emails, contracts, repair records), and make decisions based on the facts and whether the landlord acted reasonably and professionally.
• Issue binding determinations
  If the ombudsman finds that the agency acted unreasonably or unprofessionally, it can issue a binding decision that they must follow. This means the decision is not optional; agencies and landlords are expected to comply or face potential consequences under the wider regime.
• Order remedies and compensation
  Possible remedies can include:
  • Enforcing repairs or other work to be carried out
  • Telling the landlord or agent to stop doing something (for example, certain charging practices)
  • Requiring an apology or a written explanation
  • Awarding compensation to the tenant to put things right, with some commentators suggesting the maximum level could be up to around £25,000 in serious cases (though this figure may be confirmed or adjusted in regulations).
• Require membership and compliance.
  The scheme will be mandatory for all private landlords in England. Landlords who fail to join the scheme, or fail to comply with a final ombudsman decision, may face sanctions that could include fines or difficulties using the new digital property portal, which is also being introduced under the Renters’ Rights Act.

For Urpad landlords, the incoming complaints ombudsman should be considered as an opportunity. Although it gives tenants a much clearer route to challenge poor practice, and decisions can be financially and reputationally significant, it also formalises good standards and supports those who are already doing things properly, because tenants can be signposted to a fair, independent process instead of going straight to social media or legal action.

In the case of Urpad landlords, the first port of call will be our team, and in many cases, we will be able to deal with any queries using our complaints procedure in much the same way we currently work.  If the issue is something that only a landlord can resolve, for example, legal / ownership level problems, then we’ll be in contact with you and work with you to resolve the situation as swiftly as possible.