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Complaints Procedure

1.    DEFINITION

A complaint is defined as a service or work which has not been carried out to the satisfaction of the complainant. The complainant should be an owner of flat or house managed by Fry & Company.

Ideally, the complaint should be made using the form attached. If this is not possible for any reason and the complaint is provided in another form then we will respond to you in writing with the nature of the complaint in order to ensure that we have understood the nature of the complaint correctly

Complaints can be made by email, letter, phone, or on-line using our website. If you wish to make a complaint in a different language then this should be in writing and additional time allowed for translation.

A central log of all complaints is made in our office whether formal or informal, written or not. A member of staff is tasked with chasing replies so that timescales are met.

2.    INFORMAL STAGE

Before initiating a formal complaint under the procedure set out below the complainant may wish to raise a complaint on an informal basis.  If this is the case then the complaint should be sent to the Property Manager with a copy to Richard Fry as Managing Director: richard@fry.co.uk

3.    FORMAL STAGE

STAGE 1

Any complaint should in the first instance be made to the person responsible for the service about which the complaint is made.  This would typically be a Property Manager.  It could also be someone in the accounting team. In the latter case any complaint should be directed to the Head of Accounts. 

The time limit for responding to the Stage 1 process is two weeks.

The complaint should be addressed to the Property Manager of the property or the Head of Accounts and a copy sent to Richard Fry as Managing Director: richard@fry.co.uk

Where the freehold is not owned by the leaseholders themselves you may also wish to complain direct to the landlord. The address of the landlord is provided on your service charge demands

At the conclusion of our investigation of the complaint we will send the complainant a written response including our decision, reasons for the decision, and what the next stage is if you are still dissatisfied.

STAGE 2

If the complaint is not dealt with satisfactorily or within the company timescales the complaint should be referred to Richard Fry, as Managing Director.

The time limit for responding to the Stage 2 process is two weeks.

The complaint should be addressed to Richard Fry as Managing Director: richard@fry.co.uk

At the conclusion of our investigation of the complaint we will send the complainant a written response including our decision, reasons for the decision, and what the next stage is if you are still dissatisfied.

STAGE 3

If the complaint is still not dealt with satisfactorily or within the company timescales the complaint will be referred to a 'review panel' made up of at least two impartial persons.  The 'review panel' stage may be with another ARMA member.

The 'review stage' allows for the complainant to have a face to face meeting if you so wish. Any papers prepared for the 'review panel' will be copied to the complainant in advance to allow you to comment to the panel.

The time limit for responding to the Stage 3 process is three weeks.

The complaint should be addressed to Richard Fry as Managing Director: richard@fry.co.uk

At the conclusion of our investigation of the complaint we will send the complainant a written response including our decision, reasons for the decision, and what the next stage is if you are still dissatisfied.

4. NOTES TO COMPLAINT HANDLING PROCEDURE

1. If the complaint is complicated, requires additional information which is not readily available, or involves a third party such as a qualified surveyor then more time may be required to deal with the complaint than the timescales given above.  If this is the case Fry & Company will contact you setting out a different timescale giving you the appropriate reasons.


2. The complainant may wish to consider mediation as an option if appropriate. If this is the case please feel free to raise this with us as an alternative way of dealing with the complaint.


3. There are various sources of independent advice for leaseholders such as LEASE or Citizens Advice. There is also advice for leaseholders on the ARMA website.  An independent source of information, for example, may assist where a complaint may have simply arisen from a misunderstanding.

5. PROPERTY OMBUDSMAN

If you have pursued a complaint through all the stages of our “in-house procedures” and are still dissatisfied you may decide to apply to the First Tier Tribunal or the Courts.  Alternatively you may wish to apply to the Property Ombudsman who  may be able to help. Fry & Company are members of the Property Ombudsman complaint handling service.  Their website is listed below:

https://www.tpos.co.uk/

All ARMA members agree to abide by the Ombudsman’s rules.

A Complaint can be made by any of the following:

A freeholder;

Head leaseholder;

Any leaseholder;

A tenant;

RMC; (Residents’ Management Company)

A residents' association

RTMC. (Right to Manage Company)

The Ombudsman may not accept a complaint which is more appropriate for the FTT or requires a legal interpretation by a court.

If a complaint is accepted by the Ombudsman, we will be contacted and asked for our “case file”  The file will contain where relevant:

Our company’s opinion on the complaint;

A specimen lease;

Our management agreement;

A copy of our complaint handling procedure;

Relevant correspondence/notes of phone calls;

Details of the RMCO or RTMC inc. articles & directors;

Site inspection reports;

Copies of budgets and annual accounts; and

Copies of service contracts.

If we think the complaint can still be resolved, we tell the Ombudsman what our proposals are. Where the Ombudsman can see a reasonable way forward, we may be asked about the complaint being settled without the need for a more formal report. If we and the complainant are willing, this will form a mutually acceptable settlement .

Please remember the Ombudsman will make the decision based solely on the consideration of the hard evidence submitted by both parties

Fry & Company

 

 

Download our Complains Handling Form