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East Midlands Landlord Accreditation Scheme

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EMLAS Complaints Procedure

Tenants Complaints

An EMLAS Accredited Landlord is required to have a written procedure for dealing with complaints, which is given to each tenant at the start of the tenancy. The procedure should aim to resolve complaints quickly and fairly, and should clarify:

  • the purpose of the complaints procedure
  • how the complaint should be made
  • how and by whom it will be considered
  • how long it is likely to take to resolve a complaint

By being aware of the requirements of EMLAS, tenants may be able to undertake their own compliance check of their accommodation. If tenants identify a possible breach of the scheme, they should inform their landlord in the first instance. In most cases this is expected to result in an agreement for any necessary remedial action.

If a tenant complains to either EMLAS or the local authority without first referring their complaint to the landlord, they will be advised to initially refer their complaint to the landlord. Documented proof of this may be required so a tenant should preferably put any complaint in writing.

Making a complaint

Where agreement cannot be reached or a landlord fails to remedy a breach of conditions, tenants refer the case to EMLAS who will investigate and take action in accordance with the regulatory procedures of the scheme.

  • Tenant complaints may be made orally or in writing to the landlord. If they are not resolved by the landlord, and must be considered externally, they must be put in writing.
  • However made, complaints should be formally registered by the landlord so their progress can be tracked.
  • The complaints procedure should be completed as quickly as possible to minimise the damage to the landlord-tenant relationship.
  • Landlords are encouraged to join the Independent Housing Ombudsman Scheme (http://www.ihos.org.uk/) in order that any complaints or disputes, which fail to be resolved within the scheme, can be referred to the Ombudsman for his consideration.

Initial Assessment

On receipt of a complaint EMLAS makes an initial assessment and will hear representations by a landlord, tenant or member of the community. If their opinion is that the matter can be easily resolved through informal negotiation with the tenant and landlord, then that course of action is taken.

Referral to Landlord

If the complaint appears to be of a more serious nature then the tenant is advised to complete and return a formal complaint form which is available from EMLAS. A copy of the complaint form is sent to the landlord for comment which should be provided within five working days, or within a longer period as may be agreed.

Consideration of Landlord’s Representation

On receipt of all information EMLAS will consider whether the dispute can still be resolved through negotiation between the two parties. If this is not believed to be the case EMLAS will arrange for investigation which may require an inspection of the property.

A timescale will usually be put on the resolution of the complaint. If the complaint is still not resolved after the time limit has expired, EMLAS may choose to refer the complaint to the relevant local authority for enforcement action or to launch internal disciplinary action that may result in accredited status being withdrawn from the landlord. In some instances, both courses of action will be pursued. As the tenant, you will be kept closely informed of progress during each of the above stages.

Full details of the complaints procedure can be found in the EMLAS Scheme Manual.

Landlords Complaints

Details will be available here soon