Property Services (Regulation) Act 2011

PART 7

Complaints, Investigations and Sanctions

63.

Complaints against licensees.

63.— (1) A person may make a complaint in writing to the Authority alleging that improper conduct by a licensee has occurred or is occurring.

(2) Where the Authority receives a complaint, it shall cause an investigation of the matter, the subject of the complaint, to be carried out unless—

( a) it is satisfied that the complaint is not made in good faith,

( b) it is satisfied that the complaint is frivolous or vexatious or without substance or foundation, or

( c) subject to subsection (6), following the making of such inquiries as the Authority thinks fit, it is satisfied that the complaint is likely to be resolved by mediation or other informal means between the parties concerned.

(3) Where the Authority decides that a complaint falls within subsection (2)(a), (b) or (c), it shall give notice in writing to the complainant and the licensee to whom the complaint relates of the decision and the reasons for the decision.

(4) Where a complaint is withdrawn by a complainant before the investigation report which relates to the complaint has been submitted to the Authority pursuant to section 68(2) , the Authority may proceed as if the complaint had not been withdrawn if it is satisfied that there is good and sufficient reason for so doing.

(5) Where, pursuant to subsection (4), the Authority proceeds as if a complaint had not been withdrawn, the investigation concerned shall thereupon be treated as an investigation initiated by the Authority, and the other provisions of this Act shall be construed accordingly.

(6) Where a complaint is not resolved by mediation or other informal means referred to in subsection (2) (c) , the complainant may, at his or her discretion, make a fresh complaint in respect of the matter the subject of the first-mentioned complaint.