RICS

A qualified surveyor or legally qualified adjudicator appointed by CEDR will decide each dispute by reference to the documentary evidence supplied by the parties, the scheme rules and the relevant law. The adjudicators are experienced in dealing with these types of disputes.

Please note that we can only accept applications in English and the process is conducted in English only.

No, the scheme is free of charge for customers. Therefore, the RICS firm members who have CEDR listed in their Complaints Handling Procedure will pay for the service (regardless of the case outcome).  However, any money you spend in putting together your claim you cannot recover through the scheme.

Cases must be completed within 90 days of the complete case file being received, as required by UK legislation. However, the average time taken to complete the process is generally considerably quicker. The parties will be notified once the complete case file is received by the adjudicator and the ADR procedure has commenced.

The adjudicator will produce a written decision, which will be sent to you and the RICS firm member. The adjudicator’s decision is confidential, and the RICS firm member must follow it if you choose to accept it. If you decide that you do not agree with the adjudicator’s final decision, you are free to reject it and pursue your claim elsewhere if you wish. In this case, the adjudicator’s decision will not be binding on the RICS firm member.

Please note that the adjudication may be different from an outcome determined by a court applying strict legal rules and principles.

The adjudicator’s decision will outline to both parties details of how the outcome was reached.

The maximum sum which an adjudicator may award you is £25,000.00.

Before you submit an application for CEDR adjudication you should check if your claim is eligible for review.

You must ensure the following conditions are met:

• That you are an individual or a small business or organisation (with 10 or fewer full-time employees).
• That you have given the RICS firm member a reasonable chance to settle your complaint.
• That if you are seeking financial compensation, the total amount of your claim does not exceed £25,000.
• That the RICS firm member has CEDR referenced in their Complaints Handling Procedure
• That you have been signposted specifically to CEDR for independent adjudication.

Please see the Scheme Rules for further information.

A Preliminary Decision is a way of giving both parties – the customer and the company - a chance to look at and comment on the adjudicator’s decision before it becomes final.  You might not agree with the Preliminary Decision and if that is the case, you do not have to accept the Final Decision. If you think that the adjudicator has misunderstood the facts, has not taken into account a particular piece of evidence, or if you have more information or evidence that might make a difference then you have 10 working days to make comments.

In your comments, you can tell the adjudicator if you think:

• The adjudicator has misunderstood the facts. You can make comments to highlight where the adjudicator may have got something wrong. For example, you can comment to correct any dates or figures that are incorrect or to explain where a particular point you made has been misunderstood.
• The adjudicator has not taken into account a particular piece of evidence. Even if the adjudicator does not list everything they have seen, they will have read all of the documents provided by you and the RICS company.
• They need additional information or evidence that relates to the claim that they have not had the opportunity to see. You can put forward more evidence on points you have already raised in your case. For example, if the adjudicator says that there is insufficient evidence to support a particular financial loss, you can supply receipts or invoices which prove that this loss was incurred.

The comments on the Preliminary Decision will be sent to the adjudicator, who will have 5 working days to make any changes they see fit. The adjudicator will then complete their Final Decision, which will be sent to both parties. If no comments on the Preliminary Decision are made, the adjudicator will re-issue the Preliminary Decision as the Final Decision. Once the Final Decision is issued, that finalises the matter and the decision cannot be appealed or reviewed.

The Property Ombudsman (TPO)
The TPO can be contacted on 01722 33306 and their website is https://www.tpos.co.uk/.

The Property Redress Scheme
Property Redress Scheme can be contacted on 0333 321 9418 and their website is https://www.theprs.co.uk/.