Question reference: S6W-20040
- Asked by: Sarah Boyack, MSP for Lothian, Scottish Labour
- Date lodged: 19 July 2023
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Current status: Answered by Paul McLennan on 8 August 2023
Question
To ask the Scottish Government what support it provides to homeowners who are dissatisfied with their property factor.
Answer
The Scottish Government will provide general advice to support homeowners, but it cannot provide legal advice and it cannot become involved in disputes between parties.
All registered property factors must adhere to the conditions set out in the statutory Code of Conduct (the Code) which sets minimum standards of practice. The Scottish Government prepared a revised Code in August 2021, which was designed to be clearer, to drive up standards, and to help homeowners to understand what they should reasonably expect from their property factor and how to hold them to account.
A homeowner who is dissatisfied with their property factor should make a complaint to their property factor. If the issue remains unresolved, the complaint can be taken to the First-tier Tribunal for Scotland (Housing and Property Chamber) which can issue a legally binding property factor enforcement order, if appropriate. There is no fee to make an application to the Tribunal.
The Code highlights that homeowners have a choice in who they appoint and, ultimately, they can change their property factor if they remain dissatisfied with the service they are receiving.