How can homeowners in England resolve housing complaints?

General advice on lodging a complaint

• In the first instance the complaint should be raised directly with the organisation involved using their internal complaints procedure (if one exists).
• If the issue is unresolved, the next step could be independent redress, for example, via an ombudsman where one exists.
• Some businesses may belong to a professional association (for example, the Federation of Master Builders) which may provide an Alternative Dispute Resolution service.
• As a last resort, homeowners may resort to legal action to resolve disputes. Constituents considering this route should seek professional legal advice. The Advicenow website has information on legal aid and assistance. There is also a Commons Library briefing on Legal help: where to go and how to pay.

Complaints about the home buying and selling process Estate agents

Estate agents must belong to a government-approved redress scheme: The Property Ombudsman or The Property Redress Scheme. These schemes provide for independent resolution of disputes. See the Library briefing on Who regulates estate agents?

Conveyancers and solicitors

The Legal Ombudsman can investigate complaints against a legal service provider. Solicitors in England and Wales are regulated by the Solicitors Regulation Authority (SRA). Complaints about solicitors can be made to the SRA.

Unfair trading

The Consumer Protection from Unfair Trading Regulations 2008 impose a general prohibition on traders in all sectors from engaging in unfair commercial practices with consumers. From October 2014 consumers gained new rights of redress if subject to a misleading action or aggressive selling by a trader. These rights are enforced by Local Authority Trading Standards Services. The Library briefing on Consumer protection: Unfair Trading Regulations 2008 provides further information.

Complaints about the standard of new-build properties

A defect liability period of two years post-completion usually operates during which developers are responsible for rectifying defects. On expiry of this period homeowners will normally have to rely on their warranty. Most new-build properties are sold with a warranty lasting for around ten years – for example, the NHBC Buildmark warranty. These insurance policies enable the homeowner to claim against the policy for certain defects arising within various notification periods. Warranty cover can be limited to certain structural defects.  

If a developer fails to tackle problems identified during the two-year post-completion period, a homeowner can lodge a complaint using the developer’s formal complaints process. If a developer does not respond satisfactorily to a complaint, or they fail to respond, homeowners can consider escalating their complaint. Many developers are signed up to one of the three main consumer codes which provide an independent resolution service. The HomeOwners Alliance webpage on New build home warranties provides further information. 

If a homeowner is unable to resolve a complaint with a warranty provider they may be able to seek redress from the Financial Ombudsman Service.  

Strengthening redress

The Building Safety Act 2022 includes provisions to establish a statutory New Homes Ombudsman scheme. These provisions are not yet in force. In the meantime, the construction industry has set up a voluntary New Homes Ombudsman Service. To date just over half of developers have signed up to this. 

The Labour government has committed to introduce a statutory New Homes Ombudsman scheme that all developers will have to join, with an accompanying code of practice setting out expected quality standards. The government will bring forward the necessary secondary legislation in due course.  

Long leaseholders’ complaints (including shared owners)

Common leaseholder complaints include matters such as the level of service charges and the standard of services provided.

Property managing agents must belong to a government-approved redress scheme: The Property Ombudsman or The Property Redress Scheme. These schemes provide for independent resolution of disputes. The Leasehold Advisory Service provides information on When to contact the redress scheme. 

Most leasehold disputes can be adjudicated by the First-tier Tribunal (Property Chamber), including disputes over service charges, lease variations, and the cost of freehold purchase and lease extensions.

Leaseholders with a social landlord can use the landlord’s internal complaints procedure. If the matter is unresolved, they may seek redress from the Housing Ombudsman Service. Not all complaints are covered by the Ombudsman Scheme, for example, it may not consider complaints about the level of service charge or service charge increases. 

The Association of Retirement Housing Managers (ARHM) has a Code of Practice to which agents operating in the leasehold retirement sector are expected to adhere: ARHM revised Code of Practice for England (2016). The code requires managers to have a complaint handling procedure and to belong to a government-approved redress scheme.

The Leasehold and Freehold Reform Act 2024 will strengthen leaseholders’ rights. The Library’s constituency casework page on Leasehold reform in England and Wales: What’s happening and when? provides further information. 

Freehold homeowners on residential estates

Freehold homeowners on private and mixed-tenure residential estates who must contribute to the maintenance of the estate’s communal areas and facilities, do not currently have equivalent statutory rights to leaseholders to challenge the cost and quality of services provided. Once in force, the Leasehold and Freehold Reform Act 2024 will strengthen the rights of freeholders. The Library’s constituency casework page on Freehold estate management provides further information. 

Where an estate charge is collected by a property managing agent, a freehold homeowner may be able to raise a complaint through the relevant redress scheme (see above). 

Anti-social neighbours

The best way to deal with these complaints depends on the specific behaviour/issue concerned and the tenure of the alleged perpetrator. The following Library briefings provide relevant information: 

• A short guide to anti-social behaviour complaints 
• Anti-social neighbours living in private housing (England)
• Anti-social behaviour in social housing (England) 

Park home residents

Residents who live year-round on mobile home parks currently have no access to a redress scheme. In 2019, the Conservative government proposed to legislate to require all residential park home site operators to be members of a redress scheme, but this was not implemented before the July 2024 general election. 

Park home residents have a written agreement with their site owner which sets out the parties’ contractual obligations. The First-tier Tribunal (Property Chamber) can adjudicate on most disputes about park homes. Tribunal decisions are binding and can include a financial award for compensation. The county court deals with applications to terminate an agreement with a park home resident. 

Disputes over the site licence or harassment arising on the park can be referred to the local authority. Unresolved complaints may be referred to the Local Government and Social Care Ombudsman. 

The Library briefing on Mobile (park) homes provides an overview of the rights of park homes residents.

Further information

• The Leasehold Advisory Service (LEASE) has factsheets and FAQs on leasehold issues and gives free advice by telephone or email.
• LEASE provides an independent advice service for park home residents and site owners.
• Commons Library, Common residential leasehold questions: advice and information.
• Citizens Advice consumer helpline.
• HomeOwners Alliance.
• Commons Library, Legal help: where to go and how to pay. 

About the author: Hannah Cromarty is a senior researcher at the House of Commons Library specialising in housing and homelessness.

Disclaimer

The Commons Library does not intend the information in this article to address the specific circumstances of any particular individual. We have published it to support the work of MPs. You should not rely upon it as legal or professional advice, or as a substitute for it. We do not accept any liability whatsoever for any errors, omissions or misstatements contained herein. You should consult a suitably qualified professional if you require specific advice or information. Read our briefing for information about sources of legal advice and help.