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Written by rosalind renshaw

A letting agent jailed for child cruelty and perverting the course of justice has had the agency where she was a director expelled from the Property Ombudsman Scheme.

Lisa Hayden-Johnson was at the centre of a notorious case after she claimed, over a period of six years, that her son was desperately sick. He was subject to gruelling medical treatment he did not need, whilst his mother pocketed £10,000 in benefits.

The media attention attracted by the child’s condition led to meetings with celebrities, Tony Blair and members of the Royal Family, and to donations from charity. Hayden-Johnson even successfully lobbied for her son to win a GMTV bravery award.

Described as ‘sadistic’, Hayden-Johnson earned the epithet of Britain’s worst mother.

The business, Torbay Residential Lettings, of 49 Market Street, Torquay, continued after she was sent to jail, but breached several aspects of the TPO Code of Practice for letting agents.

It had not cooperated with the Ombudsman’s investigation, not paid the award made by the Ombudsman after he had found the firm had not registered the tenants’ deposit, had failed to complete a proper check-out process, and failed to provide an appropriate tenancy agreement.

The Disciplinary Standards Committee of the TPO Council, in deciding to expel the firm, noted that one of the directors had been jailed for three years in January 2010.

The remaining director considered that the dispute being decided upon by the Ombudsman was not the firm’s responsibility because the complaint arose from the actions of the jailed director.

But the committee took the view that this was not relevant and the firm was liable to meet its obligations as a TPO member.

A second lettings firm has also been expelled. Madisons of Isleworth, London, failed to pass on rent it had collected, and mishandled tenants’ deposits.

It has been allowed to maintain its TPO registration as a sales agent. This is because TPO has no choice in the matter and was required to do so under the terms of the Consumers, Estate Agents and Redress Act 2007.

The Disciplinary Standards Committee of the TPO Council considered a number of complaints where Madisons collected rent and did not pass it on.

When the matter was referred to the Ombudsman, Christopher Hamer, he determined that the rent should be paid over to the landlords, and that compensation be paid.

In one case, although the rents have now been paid, the compensatory award made by the Ombudsman has not been met.

“This has been a sorry and frustrating business for both Madisons’ clients and TPO,” said Gerry Fitzjohn, pictured, vice-chairman of the company operating TPO.

“It concerns us that while we can expel their lettings business from the scheme, we have no option but to continue registration for their sales business until the Office of Fair Trading bans the agent.

“In the meantime, it is our duty to make the public aware of the situation regarding Madisons.”

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