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

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

TL;DR: Once the PRS Ombudsman scheme goes live under the Renters' Rights Act 2025 (expected 2028), every private landlord in England must join it, and tenant complaints will follow a four-stage process: (1) the tenant raises the complaint with you; (2) you get a set period to investigate and respond (the scheme will fix it; 8 weeks is the usual benchmark in existing redress schemes); (3) if unresolved, the tenant escalates to the PRS Ombudsman; (4) the ombudsman investigates and issues a binding decision, which can include compensation of up to £25,000 (SI 2026/1033, reg. 4). Get your internal complaint-handling and record-keeping right now, before membership becomes mandatory.

The PRS Ombudsman will be able to order landlords to pay compensation of up to £25,000; proper complaint handling and documentation is your strongest defense. The PRS complaint process has four stages: (1) the tenant raises a complaint with you directly; (2) you get a set period — expected to be around 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, which can include a formal apology, ordered repairs, or compensation.

Once the PRS Ombudsman scheme is established under the Renters' Rights Act 2025 — the government's Renters' Rights Act factsheet indicates 2028 — every private landlord in England will have to be a member of the PRS Ombudsman scheme. That will give your tenants a clear, independent route to escalate complaints if they feel you have not resolved them fairly. The scheme is not live yet, so use the time to get your complaint-handling right now.

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.

What Is the Four-Stage Complaint Process?

The PRS Ombudsman process follows a structured lifecycle: the tenant raises a complaint with you directly; you get a set period (expected to be around 8 weeks) to investigate and respond; if the issue remains unresolved, the tenant can escalate to the PRS Ombudsman; and the ombudsman then investigates and issues a binding decision. 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 a Set Window to Respond and Resolve

Once a complaint has been raised, you will have a set window to investigate, respond, and — where possible — resolve the issue. The length isn't fixed yet: the 2026 approval regulations require the scheme to set "the time to be allowed for scheme members to resolve a matter before a complaint … is accepted" (reg. 3(1)(b)), and the scheme's rules haven't been published. Existing redress schemes use 8 weeks — The Property Ombudsman, for example, accepts a letting-agent complaint once the agent's process has taken more than eight weeks — so plan on that. 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 that window, write to the tenant explaining why and providing a revised timeline

What Is the Time Limit for Escalating a Complaint?

The scheme's rules, not yet published, will set this. In existing redress schemes a complainant can usually escalate once the landlord or agent has issued a final response, or once the waiting period has passed without one. The 2026 regulations also require the scheme to set a deadline for bringing a complaint (reg. 3(3)), so tenants will not be able to escalate indefinitely.

Stage 3: Tenant Escalates to the PRS Ombudsman

If the tenant is dissatisfied with your response — or if you fail to respond within the scheme's waiting period — 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.

The scheme's rulebook has not been published yet. The government's Guide to the Renters' Rights Act says the ombudsman will consider complaints about "actions, inactions or behaviours of a landlord which has caused harm or inconvenience", so expect 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. The scheme will set the deadline for your written submission; treat it as strict. This is where your documentation becomes critical.

The scheme's rules must set out when a complaint can be rejected (reg. 3(1)(d) of the 2026 regulations). Expect the ombudsman to be able to reject a complaint that is vexatious, trivial, or 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 will be expected 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, including any code of practice for landlords issued or approved by the government (the Act requires the scheme to take complaints about non-compliance with such codes).

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 is most likely 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

The scheme has not published service standards yet, so there is no reliable figure for how long an investigation will take. Complex cases involving multiple properties, extensive evidence, or serious allegations will take longer than simple ones.

You will be given a deadline to provide your written response and supporting evidence once notified of the complaint. The ombudsman will expect 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 expected to be final and binding on you as the landlord, though you may be able to challenge a decision through judicial review in exceptional cases involving procedural unfairness or legal error.

What Compensation Can the Ombudsman Award?

If a complaint is upheld, the PRS Ombudsman has a range of remedies at its disposal, including compensation of up to £25,000. The types of redress come from section 65(2)(j) of the Renters' Rights Act 2025 — an apology or explanation, compensation, and other actions in the tenant's interests — and the £25,000 cap from regulation 4 of the Private Landlord Redress Schemes (Approval and Designation) Regulations 2026.

• 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, up to £25,000, for things such as distress, inconvenience, time and trouble, or financial loss. The scheme has not yet published guidance on how it will set award levels.
• 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

Until the new scheme publishes its own remedies guidance, the best guide to how an established ombudsman approaches complaint handling is the Housing Ombudsman Service's Complaint Handling Code and documented in Shelter's guide to ombudsman complaints.

What an Upheld Complaint Means for Your Record

How upheld complaints will be recorded, and who can see them, is for the scheme's rules, which have not been published. What the Act does require is that the scheme provides for co-operation and information-sharing with local councils (section 65(2)(f) and (g)), so a pattern of upheld complaints can reach the enforcement authorities.

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)

The government's Guide to the Renters' Rights Act says: "Failure to comply may result in a landlord being expelled from the scheme and subsequent local council enforcement action." A landlord who has been expelled is no longer a member, so they are in breach of the duty to belong to the scheme — which carries civil penalties of up to £7,000, and up to £40,000 or prosecution for continuing or repeated breaches.

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

The procedural timeline below sets out who acts, when, and what evidence to retain at each stage.

Stage	Actor	Timeline	Action	Evidence to Keep
1. Complaint raised	Tenant	Day 0	Tenant contacts landlord with the issue	Original complaint (email, letter, message)
2. Landlord response	Landlord	Within the scheme's waiting period (expected around 8 weeks)	Investigate, respond in writing, resolve if possible	Acknowledgement, investigation notes, written response
3. Escalation	Tenant	After the waiting period or the landlord's final response	Tenant submits complaint form to PRS Ombudsman	Copy of escalation, all landlord correspondence
4. Investigation and decision	PRS Ombudsman	Not yet published	Investigator reviews evidence and issues binding decision	Full evidence bundle, compliance certificates, decision letter

Stage	Timeline	Your Actions	Possible Outcomes
1. Tenant Raises Complaint	Day 0	Acknowledge in writing within 48 hours; confirm investigation timeline	Complaint may be resolved informally before formal escalation
2. Landlord Investigation	Up to the scheme's waiting period (expected around 8 weeks)	Investigate thoroughly; provide full written response within 14–21 days; resolve issue where possible	Tenant satisfied (closed); tenant dissatisfied (escalates to Stage 3)
3. Escalation to Ombudsman	After the waiting period	Respond to the ombudsman by its deadline with full evidence and account; cooperate with assessment	Ombudsman accepts complaint (proceeds to Stage 4); ombudsman rejects (closed)
4. Ombudsman Investigation	Not yet published	Provide additional evidence as requested; await decision	Upheld (remedies ordered); Partially upheld (some remedies); Not upheld (no action required)

What Happens If a Tenant Complains?

When a tenant raises a complaint, the clock starts immediately: you should acknowledge it within 48 hours, investigate well within the scheme's waiting period, and respond in writing with your findings and any action you will take. If the tenant is not satisfied — or you let the waiting period run out — they can escalate to the PRS Ombudsman, who will assess jurisdiction, investigate, and issue a binding decision. Handling the early stages well is the single biggest factor in whether a complaint escalates at all.

Common Complaint Categories

Understanding what tenants most commonly complain about helps you address potential issues before they escalate. Housing Ombudsman Service data for social housing consistently puts repairs at the top of the list, and the categories below are the usual sources of dispute in private lets:

Repairs and maintenance — 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.

How Long Does an Investigation Take?

The scheme has not yet published how long investigations will take. Complex cases involving multiple properties, extensive evidence, or serious allegations will take longer than simple ones.

What Documents Should I Keep?

Contemporaneous, dated records are your strongest protection in any ombudsman investigation. At minimum, retain every complaint and acknowledgement, all tenant communications, repair records and invoices, dated inspection photographs, and copies of your compliance certificates. Full retention guidance is set out later in this article under Record-Keeping.

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.

What Should I Document at Each Stage?

At every stage of the complaint lifecycle you should capture a clear paper trail: the original complaint, your written acknowledgement, investigation notes, your written response, any escalation correspondence, and the ombudsman's final decision. The table above sets out exactly what evidence to keep at each of the four stages. The sections below go into more detail on record-keeping practice.

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 once the waiting period passes — 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, you can be expelled from the scheme and face council enforcement for not being a member — civil penalties of up to £7,000, and up to £40,000 or prosecution for continuing or repeated breaches

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.

Frequently Asked Questions

Sources and Further Reading

Official Sources

• Private Landlord Redress Schemes (Approval and Designation) Regulations 2026 — the conditions the scheme must meet, including the £25,000 compensation cap
• Renters' Rights Act 2025 — primary legislation establishing the PRS Ombudsman requirement and enforcement regime
• Department for Levelling Up, Housing and Communities: Private renting guidance — official government guidance on tenant and landlord rights
• Housing Ombudsman Service: Complaint Handling Code — best practice framework influencing PRS Ombudsman expectations
• Limitation Act 1980 — statutory limitation periods for civil claims

Industry Guidance and Support

• National Residential Landlords Association (NRLA): Dispute resolution guidance — practical resources for landlords managing tenant complaints
• Shelter: Guide to ombudsman complaints — tenant perspective on the complaint process, useful for understanding tenant expectations

Related LandlordReady Articles

• PRS Ombudsman: Membership Requirements for Landlords — how to join and what it costs
• Landlord Responsibilities: Repairs and Maintenance — keeping your property compliant and complaint-free
• Renters' Rights Act Compliance Checklist for Landlords — every obligation mapped out
• Tenant Deposit Protection Rules — avoiding the most common deposit disputes
• Awaab's Law for Private Landlords — damp and mould response timescales