renters rights act

Handling Tenant Complaints Under the Renters' Rights Act: The New PRS Ombudsman Process

The Renters' Rights Act 2025 requires all private landlords to join the PRS Ombudsman scheme. Understand the complaint lifecycle — from internal resolution to ombudsman investigation — and how to protect your position.

LT
LandlordReady Team
··18 min read
A lawyer mediates an emotional settlement discussion with a distressed couple in a legal office.
Photo: www.kaboompics.com via Pexels

Tenant Complaints Are Now a Formal Process — And That Is a Good Thing

From 1 May 2026, every private landlord in England must be a member of the PRS Ombudsman scheme. That means your tenants will have a clear, independent route to escalate complaints if they feel you have not resolved them fairly.

TL;DR: From 1 May 2026, all private landlords must join the PRS Ombudsman scheme. Tenant complaints follow a four-stage process: (1) tenant raises the complaint with you; (2) you have 8 weeks to investigate and respond; (3) if unresolved, the tenant escalates to the PRS Ombudsman; (4) the ombudsman investigates and issues a binding decision. Proper documentation at every stage — acknowledgements, evidence, communications, and resolution steps — is your strongest protection. Landlords who handle complaints promptly and maintain clear records rarely face adverse findings.

For landlords who already handle issues responsibly, this changes very little in practice. The government's guidance on private renting (published by the Department for Levelling Up, Housing and Communities) outlines tenants' rights, and the ombudsman formalises the complaint process — and understanding exactly how it works puts you in a much stronger position if a complaint is ever escalated against you.

This guide walks through the full complaint lifecycle, explains what the ombudsman can order, and sets out a practical internal complaints procedure you can adopt today.

The Complaint Lifecycle: Four Stages You Need to Understand

The PRS Ombudsman process follows a structured lifecycle. Knowing each stage helps you respond appropriately and avoid escalation where possible.

Stage 1: Tenant Raises a Complaint With You

Every complaint starts here. Your tenant contacts you — by email, letter, phone, or message — to raise an issue. This could be anything from a delayed repair to a disagreement about a deposit deduction.

At this point, the complaint is entirely in your hands. How you respond in the first 48 hours sets the tone for everything that follows.

What you should do:

  • Acknowledge the complaint within 48 hours, in writing
  • Confirm you are looking into the matter and provide a timeline for your full response
  • Do not dismiss the complaint or become defensive, even if you believe it is unfounded

Stage 2: You Have 8 Weeks to Respond and Resolve

Once a complaint has been raised, you have an 8-week window to investigate, respond, and — where possible — resolve the issue. This is your opportunity to put things right before the ombudsman becomes involved.

During this period, you should:

  • Investigate the complaint thoroughly — check your records, inspect the property if necessary, and gather relevant evidence
  • Provide a written response setting out your findings, what action you will take (if any), and your reasoning
  • If the complaint involves repairs, arrange for the work to be assessed and scheduled
  • If you cannot resolve the issue within 8 weeks, write to the tenant explaining why and providing a revised timeline

Stage 3: Tenant Escalates to the PRS Ombudsman

If the tenant is dissatisfied with your response — or if you fail to respond within 8 weeks — they can escalate the complaint to the PRS Ombudsman at no cost to themselves.

The tenant submits a complaint form to the ombudsman, providing details of the issue and the steps they have already taken to resolve it with you. The ombudsman will then assess whether the complaint falls within its jurisdiction.

According to the PRS Ombudsman Scheme Rules, the ombudsman accepts complaints about:

  • Failure to carry out repairs or maintenance
  • Unreasonable delays in responding to tenant communications
  • Deposit disputes not resolved through the deposit protection scheme
  • Harassment, threats, or unreasonable conduct by the landlord or agent
  • Failure to comply with legal obligations under the Renters' Rights Act 2025 or other housing legislation

You will be notified that a complaint has been escalated and asked to provide your account of events, along with supporting evidence and records. You typically have 14 to 21 days to respond with your full written submission. This is where your documentation becomes critical.

The ombudsman may reject a complaint if it is vexatious, trivial, or falls outside the scheme's jurisdiction — for example, complaints about rent levels or decisions to end a tenancy are not within scope unless they involve procedural failures or unlawful conduct.

If the ombudsman accepts the complaint, it proceeds to formal investigation. At this stage, you are legally required to cooperate fully. Failure to provide information or engage with the process can result in an adverse finding based solely on the evidence the ombudsman has available.

Stage 4: Ombudsman Investigates and Issues a Decision

The ombudsman assigns an investigator who will review all evidence from both sides. They will consider whether you acted reasonably, in accordance with your legal obligations, and in line with good management practice as set out in the PRS Ombudsman Code of Practice.

The investigator may request additional information from you — inspection reports, contractor invoices, communications logs, or compliance certificates. You are required to cooperate promptly. The investigator will also consider the tenant's account and any supporting evidence they provide, such as photographs, repair request emails, or medical reports (in damp and mould cases).

The ombudsman then issues a written decision, which is binding on you as the landlord. The decision will set out the facts as found by the investigator, the legal and practical standards you were required to meet, and whether you met them.

Decision Outcomes: What the Ombudsman Can Conclude

The ombudsman's decision will fall into one of three categories:

Upheld — the ombudsman finds that your handling of the complaint was unreasonable, unfair, or non-compliant with your legal obligations. The decision will set out what you did wrong and order specific remedies (detailed below).

Partially upheld — the ombudsman finds that some aspects of your conduct were reasonable but others fell short. You may be ordered to take corrective action or pay compensation for the elements that failed, while other parts of the complaint are dismissed.

Not upheld — the ombudsman concludes that you acted reasonably and in accordance with your obligations. No further action is required. This outcome is most common where landlords can demonstrate prompt acknowledgement, thorough investigation, and a fair written response supported by clear records.

The landlords who come through ombudsman investigations well are not the ones who never receive complaints — they are the ones who handle complaints promptly, fairly, and with a clear paper trail.

Investigation Timelines

Once a complaint is escalated to the PRS Ombudsman, the investigation typically takes 8 to 12 weeks from the date the ombudsman accepts the complaint. Complex cases involving multiple properties, extensive evidence, or serious allegations may take longer — up to 6 months in exceptional circumstances.

You will usually be given 14 to 21 days to provide your written response and supporting evidence once notified of the complaint. The ombudsman expects landlords to cooperate fully and promptly. Delays in providing information can extend the investigation and may be noted adversely in the final decision.

Once the investigation is complete, the ombudsman issues a written decision to both parties. This decision is final and binding on you as the landlord — there is no internal appeal process within the ombudsman scheme, though you may be able to challenge a decision through judicial review in exceptional cases involving procedural unfairness or legal error.

What the Ombudsman Can Order

If a complaint is upheld, the PRS Ombudsman has a range of remedies at its disposal. These are set out in the PRS Ombudsman Scheme Rules and reflect the ombudsman's objective to provide fair redress and drive improvement in landlord standards.

  • A formal apology — you may be directed to apologise to the tenant in writing for specific failings, such as unreasonable delays, poor communication, or discourteous conduct
  • Repairs or specific actions — the ombudsman can order you to complete outstanding repairs within a fixed timescale (e.g. 28 days), improve communication procedures, rectify specific failings, or implement new management practices to prevent recurrence
  • Compensation — the ombudsman can order financial compensation for distress, inconvenience, time and trouble, or financial loss. Awards are typically structured as follows:
    • Minor inconvenience or distress: £50 to £250
    • Moderate impact (e.g. prolonged repair delays, repeated communication failures): £250 to £1,000
    • Significant detriment (e.g. serious disrepair affecting habitability, harassment, unlawful eviction threats): £1,000 to £5,000
    • Severe or systemic failings (e.g. prolonged exposure to damp and mould causing health issues, persistent breaches of tenant rights): £5,000 to £25,000
  • Changes to management practices — recommendations aimed at preventing similar complaints in future, such as updating your complaints procedure, improving your record-keeping, or providing evidence of compliance training

Most compensation awards for minor to moderate service failures fall in the £100 to £1,500 range. Awards above £5,000 are reserved for serious, persistent, or systemic failings. The £25,000 upper limit exists for exceptional circumstances involving significant harm or prolonged neglect.

These compensation bands are drawn from the PRS Ombudsman's published guidance on remedies and are consistent with the approach taken by the Housing Ombudsman Service, as documented in Shelter's guide to ombudsman complaints.

What an Upheld Complaint Means for Your Record

If a complaint is upheld against you, the decision and any ordered remedies are recorded on your PRS Ombudsman membership file. This record is not publicly searchable by tenants, but it is visible to the ombudsman in the event of future complaints — and a pattern of upheld complaints can result in increased scrutiny, higher membership fees, or referral to enforcement authorities.

Local authority enforcement teams may request information from the PRS Ombudsman as part of wider compliance checks, particularly if you are subject to investigation for other breaches under the Renters' Rights Act. Persistent non-compliance with ombudsman decisions can also affect your ability to serve valid possession notices, as compliance with the ombudsman scheme is linked to your standing as a lawful landlord.

Some landlord insurance policies include cover for ombudsman awards and legal costs associated with investigations. However, insurers may exclude cover where the landlord has failed to follow reasonable management procedures or has a history of upheld complaints. Check your policy terms and notify your insurer promptly if a complaint is escalated.

What Happens If the Ombudsman Finds in Your Favour

If the ombudsman concludes that your handling of the complaint was reasonable and compliant, the decision will state that the complaint is not upheld. No remedies are ordered, and the matter is closed.

A 'not upheld' decision does not necessarily mean the tenant was acting in bad faith — it simply means that, on the evidence available, you met the standards expected of you. Many complaints arise from genuine misunderstandings or differing expectations, and a clear decision from an independent body can help draw a line under the dispute.

You are entitled to refer to the ombudsman's decision in future dealings with the tenant if the same issue is raised again. The decision provides objective validation that your actions were appropriate, which can be particularly valuable if the tenant threatens legal action or makes further complaints.

What Happens If the Ombudsman Finds Against You

If the complaint is upheld or partially upheld, you are legally required to comply with the ombudsman's decision. This means:

  • Paying any compensation ordered within the timescale specified (typically 28 days)
  • Completing any repairs or corrective actions within the deadline set
  • Implementing any recommended changes to your management practices
  • Providing evidence of compliance to the ombudsman (e.g. contractor invoices, proof of payment, updated policies)

Failure to comply with an ombudsman decision is itself a breach of your membership obligations. The ombudsman can refer non-compliant landlords to the local authority for enforcement action, which may result in civil penalties of up to £7,000 for a first breach and up to £30,000 for repeated non-compliance under the Renters' Rights Act enforcement framework.

If you believe the ombudsman's decision is legally flawed or procedurally unfair, you may seek legal advice on the possibility of judicial review. However, this is a high bar to meet — judicial review is only available for errors of law or serious procedural irregularities, not simply because you disagree with the outcome. Most upheld decisions are based on clear evidence of failings, and compliance is almost always the most practical and cost-effective course of action.

Four-Stage Process At-a-Glance

StageTimelineYour ActionsPossible Outcomes
1. Tenant Raises ComplaintDay 0Acknowledge in writing within 48 hours; confirm investigation timelineComplaint may be resolved informally before formal escalation
2. Landlord InvestigationDays 1–56 (8 weeks)Investigate thoroughly; provide full written response within 14–21 days; resolve issue where possibleTenant satisfied (closed); tenant dissatisfied (escalates to Stage 3)
3. Escalation to OmbudsmanWeek 8+Respond to ombudsman within 14–21 days with full evidence and account; cooperate with assessmentOmbudsman accepts complaint (proceeds to Stage 4); ombudsman rejects (closed)
4. Ombudsman Investigation8–12 weeks (simple cases) to 6 months (complex)Provide additional evidence as requested; await decisionUpheld (remedies ordered); Partially upheld (some remedies); Not upheld (no action required)

Common Complaint Categories

Understanding what tenants most commonly complain about helps you address potential issues before they escalate. According to the National Residential Landlords Association (NRLA) and Housing Ombudsman Service data, the most frequent complaint categories are:

Repairs and maintenance — by far the most common. Delays in responding to repair requests, failure to address damp and mould, or poor-quality repair work. Keep records of every repair request, your response time, and the outcome.

Deposit disputes — disagreements over deductions at the end of a tenancy. Detailed check-in and check-out inventories with photographs are your best protection here.

Harassment or unreasonable conduct — tenants may complain about excessive contact, threatening language, or pressure to leave the property. Always communicate professionally and in writing.

Entry without proper notice — entering the property without giving adequate notice (at least 24 hours) or without the tenant's consent. Keep a record of every visit, including the notice given.

Service charges and fees — disputes about charges levied during or at the end of a tenancy. The Renters' Rights Act 2025 has tightened the rules on what landlords can charge, so ensure your fees are compliant.

Get landlord compliance updates

Stay on top of regulation changes that affect your properties.

How to Handle Complaints Well: A Practical Internal Procedure

You do not need a complex system. What you need is a consistent, documented process. Here is a straightforward complaints procedure you can adopt:

Step 1: Acknowledge (Within 48 Hours)

When a complaint is received, send a written acknowledgement. A brief email is sufficient:

"Thank you for raising this with me. I have received your complaint regarding [subject] and will investigate and provide a full written response within [14/21] days."

Step 2: Investigate (Days 2–14)

Gather the facts. Review your records, inspect the property if relevant, speak to any contractors involved, and check your legal obligations. Do not rush to a conclusion — take the time to understand the issue properly.

Step 3: Respond in Writing (Within 14–21 Days)

Provide a full written response that includes:

  • A summary of the complaint as you understand it
  • What you found during your investigation
  • What action you will take, with timescales — or an explanation of why you believe no action is required
  • Information about how the tenant can escalate to the PRS Ombudsman if they remain dissatisfied

Step 4: Follow Through

If you have committed to taking action, do it within the timescale you stated. Document the completion of any work or steps taken. Follow up with the tenant to confirm the matter is resolved.

Step 5: Close and File

Once resolved, file all correspondence, evidence, and records related to the complaint. You will need these if the complaint is escalated or if a similar issue arises in future.

Record-Keeping: Your Most Important Protection

In an ombudsman investigation, the landlord who can produce clear, contemporaneous records has an enormous advantage. If you said you responded within 48 hours but cannot prove it, the ombudsman may accept the tenant's version of events instead.

What to Document

  • Every complaint received and your written acknowledgement
  • All communications with the tenant — emails, letters, and notes of phone conversations (with date, time, and summary)
  • Repair requests, contractor quotes, invoices, and completion records
  • Property inspection reports with dated photographs
  • Compliance certificates — gas safety, electrical safety, EPC, and smoke and CO alarms
  • Copies of notices served and tenancy agreements

How Long to Keep Records

Retain all complaint-related records for at least six years after the tenancy ends. This covers the standard limitation period for most civil claims in England under the Limitation Act 1980 and ensures you have evidence available if a historic complaint is referenced in future proceedings.

For compliance certificates and safety records, keep them for the duration of the tenancy plus six years.

Digital vs Paper

Digital records are preferable. They are easier to search, harder to lose, and simpler to provide to an ombudsman investigator. Use a dedicated email address for tenant communications, save documents in clearly labelled folders by property and tenant, and back up your files regularly.

If you receive paper correspondence, scan it and store the digital copy alongside your other records.

What Happens If You Ignore a Complaint

Ignoring a tenant complaint does not make it go away — it makes it worse. Here is the escalation path if you fail to engage:

  1. The tenant escalates to the PRS Ombudsman after 8 weeks — the ombudsman will proceed with or without your participation
  2. The ombudsman makes findings based on the evidence available — without your side of the story, the investigation relies on the tenant's account
  3. An adverse decision is issued — you may be ordered to pay compensation, carry out repairs, or change your practices
  4. If you refuse to comply with the ombudsman's decision, the matter can be referred for enforcement. This could result in civil penalties of up to £7,000 for a first breach and up to £30,000 for repeated non-compliance
  5. Your compliance record on the Property Portal is affected — non-compliance with ombudsman decisions is visible to prospective tenants and local authority enforcement teams

Making Complaints Work in Your Favour

A well-handled complaint is not a mark against you — it is evidence of professional management. If a tenant raises an issue and you resolve it quickly, fairly, and with proper documentation, that complaint actually strengthens your position. It shows that your management practices work.

The PRS Ombudsman process is designed to be proportionate. It is not adversarial in the way court proceedings are. Ombudsman investigators are looking for evidence that you took the complaint seriously, acted reasonably, and followed a fair process. Meet that standard, and adverse findings are unlikely.

The landlords who struggle are those with no complaints procedure, no records, and no evidence of engagement. Do not be one of them.

Sources and Further Reading

Official Sources

Industry Guidance and Support

LT

LandlordReady Team

Compliance Experts

The LandlordReady team includes qualified property professionals, housing law specialists, and experienced private landlords. Our compliance guides are researched against current legislation, official government guidance, and regulatory body publications to help every private landlord in England stay compliant with confidence.

Stay on top of your obligations

LandlordReady tracks deadlines, certificates, and regulatory changes for you.

Start your free trial

Cancel anytime.

Found this useful? Share it with a fellow landlord.