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Complaints Procedure

FRY & COMPANY 

COMPLAINTS HANDLING 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 directly 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

(i)             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.

(ii)          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.

(iii)       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 (www.arma.org.uk). An independent source of information, for example, may assist where a complaint may have simply arisen from a misunderstanding.

 

5.       THE PROPERTY OMBUDSMAN 

If you remain dissatisfied after the final stage of the in-house complaints procedure (or more than  eight  weeks  has  elapsed  since  the  complaint   was  first  made)  you  can   request   an independent review from The Property Ombudsman without charge.

Fry & Company is a member of The Property Ombudsman which resolves disputes between consumers and property agents. The Property Ombudsman’s contact details are below.

The Property Ombudsman Ltd Milford House

43-55 Milford Street Salisbury

Wiltshire SP1 2BP

Tel:         01722 333 306

Email: admin@tpos.co.uk Web: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:

□       Freeholder

□       Head leaseholder

□       Leaseholder

□       Tenant

□       RMC (Residents’ Management Company)

□       Residents' Association

□       RTM (Right to Manage Company).

The Ombudsman may not accept a complaint which is more appropriate for the First Tier Tribunal (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 RMC or RTM including articles and directors

□       Site inspection reports

□       Copies of budgets and annual accounts, and

□       Copies of service contracts.

 

If we believe the complaint can still be resolved, we will 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 evidence submitted by both parties.

 

Fry & Company

 

Download our Complaints Handling Form