Lesley Horton, chief ombudsman for The Property Ombudsman (TPO), has said that for the government’s planned independent regulation of property agents to deliver for consumers, regulation and independent redress must work hand in hand.
Horton, who spent much of her career in legal and regulatory environments, said that good regulation can bring certainty, facilitate a level playing field between professionals and give consumers confidence and assurance. However, she noted that regulators are often unloved institutions, with professionals treating them with indifference, caution or hostility, while the public can place huge expectations on them.
Consumers expect a regulator
Horton said consumers want a regulator in the sector, and many already think there is one. TPO often receives feedback from consumers suggesting it should close an agency down or stop an individual agent from operating. Those powers are beyond the remit of a redress provider, but many consumers expect TPO to act as a regulator and express frustration that there are not stronger powers where things go wrong.
She welcomed the government’s commitment to introduce independent regulation of property agents, calling it a significant moment for consumers and the property industry. However, she said consumers should not need to understand the technical distinction between an Ombudsman and a regulator before knowing where to turn for help.
Data as an early warning system
Horton said TPO’s role gives it distinct visibility not only of complaints that become formal disputes, but of the broader range of issues consumers raise before that stage. Its Initial Enquiries function captures information about the questions and problems consumers have before making a complaint, providing a wider picture of what is happening across the marketplace than complaint outcomes alone.
She said TPO is the only agency redress provider to collect this breadth of data, providing a valuable source of industry intelligence as the new regulatory framework develops. Used effectively, this data can act as an early warning system, identifying emerging patterns and risks across the market and enabling regulators to target guidance, scrutiny and intervention where most needed.
A single Ombudsman alongside a single regulator
Horton said repeated findings of similar failings can reveal wider issues with standards within a business, and TPO also identifies shortcomings that go beyond the individual dispute. Serious concerns can be referred to National Trading Standards, but where they do not meet that threshold, valuable intelligence can be lost.
She argued that a single Ombudsman working alongside a single regulator would provide a clearer framework for agents and consumers, support consistent standards and prevent intelligence from being fragmented across different organisations. The announcement is the beginning of a process rather than the end, with further detail on the structure and operation of the regime still to come.
If regulation sets clear standards, redress provides an accessible route when things go wrong and the evidence generated through complaints informs regulatory priorities, the result should be a stronger property sector for consumers and responsible businesses alike, Horton concluded.
