OMBUDSMAN
The key to security and Best Practice lies in looking after your clients’ keys.” says Christopher Hamer The Property Ombudsman.
hold a considerable position of trust. It is a fundamental obligation to ensure that keys are kept safe and the whereabouts of those keys known at all times. The TPO Codes of Practice lay down
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the standard that I expect and which I measure the actions of an agent against. Paragraph 6 of the new Sales Code and paragraph 5 of the new Lettings Code (both of which came in force in August 2011) stipulate that all keys retained by an agent must be coded and kept secure and, importantly, records must be maintained as to when and to whom keys are issued and when they are returned. If keys are issued to a third party, for
example a surveyor or contractor, and the agent is not attending at the property but has permission to release the keys, then this should be clearly noted on the key log and the keys checked out and in. However, if the agent is attending the property, usually for a viewing, I accept that it is likely to be self evident that they will take the keys with them. I am aware that some agents cross
reference the key records to the viewing records, considering that the viewing records are sufficient to establish and record the whereabouts of the keys. Whilst I consider that a full key
record would be best practice, it is not my role to stipulate how an agent chooses to maintain their records. I am not a Regulator so I have no powers to enforce rules and regulations which specify market practice or to impose penalties for failure to keep to any regulations. However, if a complaint is made to me concerning key security, I will need to be satisfied that the controls in place, albeit dependent on
32 OCTOBER 2011 PROPERTYdrum
ll agents will be aware that, by holding the keys to a property, instructed in connection with a sale or let of property, they
‘custom and practice’, can adequately justify an agent’s stance that the keys were always under their secure control.
INAPPROPRIATE USE OF KEYS Two recent cases were referred to me, both by Complainants understandably concerned about the security of their property. In the first case two branch staff members had taken the keys from the agency and accessed the property for their own entertainment, being discovered in the bedroom at the property by the Complainant’s mother. The agency principal was appalled by the incident, acknowledging that there was no excuse for the matter. The Complainant was entitled to expect that the keys to their property would only be used for legitimate agency business and I clearly found in his favour, making a compensatory award for the distress and aggravation caused to him by the incident. A second incident concerned the use of
a bathroom, the Complainant alleging that it had been left in an unacceptable state after a viewing. The agent denied that either they or the viewers had used the
bathroom so the Complainants were, understandably, concerned about the security of the keys as someone had clearly used the bathroom, in so doing causing the Complainants some aggravation. I made it clear that I was unable to come to a judgement on who left the bathroom in an unacceptable state and hence I was unable to make an award for the undoubted inconvenience caused to the Complainants by this issue. The agent had recorded the
whereabouts of the keys, both by way of a key log and viewing records and hence I was satisfied that the keys were kept secure at all times. As such, I considered that, on the facts as they were provided to me, the agent had complied with the obligations under the TPO Code of Practice and I was unable to support the complaint.
A FUNDAMENTAL OBLIGATION I appreciate that it can be time consuming to keep detailed records. However, an agent must ensure that their records accurately detail the issue and whereabouts of the keys in order that they can satisfy both their client, and, if a complaint is made regarding this issue, my Office, so that they can substantiate any claim that they took all reasonable care to ensure that the keys were kept secure at all times. I would advise all agents to familiarise
Branch staff accessed a property for their own entertainment...
themselves with the relevant sections of the Codes of Practice to ensure that their standard office procedures comply with the requirements. It is a fundamental obligation to ensure that keys are kept safe and the whereabouts known at all times. However, I have come across a number
of sales cases where the seller and buyer have agreed and signed a key undertaking, and it may be helpful to explain my stance if complaints are referred to this Office.
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