Complaints Procedure

Complaints at a glance

We want problems raised early and dealt with fairly. This procedure explains how tenants, applicants, landlords and other consumers can complain about ARC's lettings or property-management service, what we will do with the complaint and when independent redress is available.

Start with ARC. Tell us what has gone wrong, what outcome you would like and any information that may help us understand the issue. We will not treat a genuine complaint, repair report, request for an adjustment or exercise of a legal right as a nuisance or tenancy breach.

We will record and investigate it. We aim to acknowledge a formal complaint within three working days and provide a full written response within 10 working days of that acknowledgement. If we need longer, we will explain why, keep you updated and tell you when to expect our response.

Independent redress. ARC is a member of Property Redress, membership PRS060211. If you remain unhappy after our final written response, or we have not resolved the complaint within eight weeks, you may be able to ask Property Redress to consider it. Their consumer service is free.

Urgent issues still stay urgent. A complaint does not replace an emergency repair report, gas or fire emergency call, legal deadline, deposit dispute deadline or other urgent route. Use the appropriate route as well as this procedure where necessary.

1. Who this procedure covers

This procedure applies to complaints about ARC Property & Lettings Management Ltd, company number 17387187, trading as ARC Lettings & Property Management (ARC, we, us or our), in connection with our lettings and property-management work.

It may be used by current or former tenants, prospective tenants and applicants, guarantors, landlords, prospective landlords and other consumers who have dealt with ARC.

A complaint may concern, for example:

• communication, availability or the way an enquiry has been handled;
• an application, viewing, referencing or tenancy-administration issue;
• rent, deposit or account administration carried out by ARC;
• repairs, inspections, access arrangements or contractor coordination;
• information, records, fees or charges connected with ARC's service;
• the way ARC has handled a previous concern or complaint;
• conduct, delay, an omission or another aspect of ARC's service.

Where the underlying issue is a landlord decision or a legal duty that remains the landlord's responsibility, ARC may need to refer that part to the landlord. We will still consider any complaint about ARC's own actions, advice, communication, administration or handling of the matter.

2. How to raise a complaint

You can raise a concern by email, telephone or post. For a formal complaint, written details are best because they give everyone a clear record and are helpful if the matter later goes to independent redress.

If you cannot reasonably put the complaint in writing, tell us. We can record a complaint made by phone and send our written summary back to you so that you can correct anything we have misunderstood.

Please include, where you can:

• your name and preferred contact details;
• the property or transaction the complaint relates to;
• what happened, including relevant dates and people involved;
• copies of relevant messages, photographs, invoices or other evidence;
• what you would like ARC to do to put matters right.

You do not have to use legal language or identify a particular rule. We will consider the substance of what you tell us.

3. Early and informal resolution

Where appropriate, we will first try to resolve a concern quickly by discussing it with you, checking the facts and agreeing a practical solution. If it is resolved, we may confirm the outcome in writing so there is a clear record.

You can ask for the matter to be treated as a formal complaint at any time. We may also move directly to a formal investigation where the issue is serious, sensitive, disputed or cannot sensibly be resolved informally.

4. Formal complaint process

4.1 Acknowledgement

We aim to acknowledge a formal complaint within three working days of receiving it. The acknowledgement will confirm that we are looking into it and, where helpful, identify the points we understand you to be raising.

4.2 Investigation

The complaint will normally be overseen by Trish Heidi Hinde as Director. We will review the relevant records, correspondence, tenancy or management documents and other evidence, and may ask you, the landlord, contractors or other relevant people for further information where this is necessary and lawful.

We will approach the evidence fairly and will not assume that ARC, the landlord, a tenant or another party is correct simply because of their role. If a factual point is uncertain or disputed, our response will say so rather than present an assumption as fact.

4.3 Response times

We aim to send a full written response within 10 working days of sending our acknowledgement. Some matters need more investigation. If we cannot provide a full response within that period, we will explain the reason for the delay, provide an update and give a reasonable estimate of when the response will be issued.

Property Redress allows a member up to eight weeks from the written complaint to investigate and respond before a complainant can normally escalate on the basis that the internal process has not resolved the matter. ARC will therefore keep the complaint under active review and will not use the eight-week period as a reason to delay a response that can reasonably be given sooner.

5. Our final written response

Our final written response, sometimes called a final viewpoint, will normally:

• summarise the complaint points we have considered;
• set out the relevant facts and evidence we have relied on;
• say whether each complaint point is upheld, partly upheld or not upheld, with reasons;
• explain any action already taken or proposed to put matters right;
• identify any information we could not verify or any matter that sits outside ARC's control;
• explain the Property Redress route where the complaint is eligible and you remain dissatisfied.

Possible outcomes may include an explanation, correction of records, apology, practical remedial action, review of a process, or another reasonable step. Any financial payment or reimbursement will depend on the facts, ARC's legal responsibility and any applicable contract or redress decision. This procedure does not create an automatic right to compensation.

6. Complaints involving the Director or a conflict

ARC is a small business. Where reasonably possible, a person who was not directly involved in the events will help review the evidence. There may be occasions, including a complaint about the Director, where no separate internal senior reviewer is available.

That does not remove your right to complain. We will record the potential conflict, assess the evidence as objectively as possible and explain the position in the final response. If you remain dissatisfied, the independent Property Redress route remains available where its rules apply.

7. Independent redress - Property Redress

ARC is a member of the government-approved Property Redress scheme for its relevant agency work.

Property Redress states that a consumer should first complain to the member in writing and allow the member up to eight weeks to investigate and respond. If ARC has issued its final response and you remain dissatisfied, or eight weeks have passed without a satisfactory resolution, you may be able to refer the complaint to Property Redress under its current rules.

Property Redress also states that the last communication relating to the complaint must normally have been within the previous 12 months. Its consumer complaints service is free. Eligibility and the scope of any investigation are determined by Property Redress under its current terms and conditions.

8. Other routes and urgent matters

This procedure does not prevent you from using another remedy or reporting route that is available to you. Depending on the issue, that may include a tenancy deposit scheme, local authority, Trading Standards, First-tier Tribunal, court, insurer, professional adviser or another regulator.

A complaint does not pause or extend a legal or scheme deadline unless the relevant law or scheme says it does. In particular:

• continue to report urgent repairs or safety concerns through the normal urgent route;
• use 999 or 112 for immediate danger and the National Gas Emergency Service on 0800 111 999 for a suspected gas leak;
• follow the Deposit Protection Service dispute and repayment process for deposit disputes;
• seek independent advice where a court, tribunal, notice or statutory deadline may apply.

9. Data protection complaints

If your complaint is about how ARC has collected, used, stored, shared or protected your personal information, or how we have handled a data-protection rights request, we will also treat it as a data protection complaint.

You can use the same contact details in section 2. For a data protection complaint, ARC will acknowledge it within 30 days, take appropriate steps to investigate it without undue delay, keep you informed of progress and explain the outcome. These requirements apply in addition to any faster target in this procedure.

If you remain dissatisfied with ARC's handling of your personal information, you may complain to the Information Commissioner's Office (ICO). Our Privacy Notice gives more information about your data protection rights and the ICO route.

10. Accessibility, representatives and fair treatment

Tell us if you need a reasonable communication adjustment or a different format. We will take reasonable steps to make the complaints process accessible.

You may ask another person to help you or act for you. We may need evidence that they have authority to act or receive information on your behalf, particularly where the complaint involves personal or confidential information.

Making a genuine complaint will not by itself affect an application, tenancy, management relationship or your ability to exercise another legal right. We expect everyone involved to communicate respectfully. We may set proportionate communication arrangements where behaviour becomes abusive, threatening or seriously disruptive, without preventing a genuine complaint from being considered.

11. Records, confidentiality and learning

We keep an appropriate record of formal complaints, acknowledgements, evidence considered, responses and outcomes. Complaint information is handled in line with our Privacy Notice and data-protection obligations. Information will be shared only where reasonably necessary to investigate, respond, obtain advice, comply with law or use an applicable redress process.

After a complaint is concluded, ARC will consider whether it identifies a useful change to communication, documents, contractor management, record-keeping or another part of our service. We will review this procedure when our business, scheme membership or relevant legal requirements materially change.

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