Questions and answers

Question reference: S5F-02822

Asked by: Jackson Carlaw, MSP for Eastwood, Scottish Conservative and Unionist Party
Date lodged: Monday, 26 November 2018
Current Status: Taken in the Chamber on 29 November 2018

Question to be taken in Chamber.

Question reference: S5F-02793

Asked by: Jackson Carlaw, MSP for Eastwood, Scottish Conservative and Unionist Party
Date lodged: Monday, 19 November 2018
Current Status: Taken in the Chamber on 22 November 2018

Question to be taken in Chamber.

Question reference: S5F-02770

Asked by: Jackson Carlaw, MSP for Eastwood, Scottish Conservative and Unionist Party
Date lodged: Monday, 12 November 2018
Current Status: Taken in the Chamber on 15 November 2018

Question to be taken in Chamber.

Question reference: S5F-02743

Asked by: Jackson Carlaw, MSP for Eastwood, Scottish Conservative and Unionist Party
Date lodged: Monday, 05 November 2018
Current Status: Taken in the Chamber on 8 November 2018

Question to be taken in Chamber.

Question reference: S5W-19292

Asked by: Jackson Carlaw, MSP for Eastwood, Scottish Conservative and Unionist Party
Date lodged: Monday, 08 October 2018
Current Status: Answered by Kate Forbes on 2 November 2018

To ask the Scottish Government how Registers of Scotland ensures that alterations to the Register, resulting in a discrepancy between the occupied and legal extent of a property, are effectively communicated to affected homeowners.

This is a question for the Keeper of the Registers of Scotland. She advises me that when the registration process is complete a notification is sent to the applicant, most often via their solicitor, which includes a copy of the land register title sheet and plan showing the legal boundaries of the properties as registered. Typically any discrepancy between occupational and legal extent would have been resolved before registration but this stage in the process provides an opportunity to check the position again.

Where the Ordnance Survey basemap is updated following resurvey the Keeper will make consequential changes to the Land Register map where they are minor in nature (ie within the tolerance of the basemap). The Keeper does not notify homeowners in these circumstances as the changes are not material. Where the changes to the Ordnance Survey basemap are more significant, the Keeper does not update the mapping of the land registered title. Instead she maintains the legal extent of the title but updates the land register to show the new Ordnance Survey map. The homeowner is not notified as no change is being made to their legal title.

The Keeper will only alter the legal extent of a registered title when an inaccuracy is discovered in the mapping of the title. In those instances, the homeowners will be notified in writing, again most often via their solicitor.

Question reference: S5W-19291

Asked by: Jackson Carlaw, MSP for Eastwood, Scottish Conservative and Unionist Party
Date lodged: Monday, 08 October 2018
Current Status: Answered by Kate Forbes on 31 October 2018

To ask the Scottish Government what procedures the Registers of Scotland has in place to allow homeowners to challenge what they perceive to be inaccuracies in the Land Register.

This is a question for the Keeper of the Registers of Scotland. She advises me that the Land Registration etc. (Scotland) Act 2012 places her under a statutory duty to rectify inaccuracies in the register where they are manifest and how to correct the inaccuracy is also manifest. The Keeper provides a short form on the Registers of Scotland website for homeowners or their solicitor to notify her of potential inaccuracies. Decisions of the Keeper, including those on whether to rectify or not, can be appealed on a point of fact or law to the Lands Tribunal for Scotland.

Question reference: S5F-02721

Asked by: Jackson Carlaw, MSP for Eastwood, Scottish Conservative and Unionist Party
Date lodged: Monday, 29 October 2018
Current Status: Taken in the Chamber on 1 November 2018

Question to be taken in Chamber.

Question reference: S5F-02689

Asked by: Jackson Carlaw, MSP for Eastwood, Scottish Conservative and Unionist Party
Date lodged: Monday, 22 October 2018
Current Status: Taken in the Chamber on 25 October 2018

Question to be taken in Chamber.

Question reference: S5W-17278

Asked by: Jackson Carlaw, MSP for Eastwood, Scottish Conservative and Unionist Party
Date lodged: Friday, 15 June 2018
Current Status: Answered by Kevin Stewart on 21 June 2018

To ask the Scottish Government what action it is taking to ensure that landlords and tenants are not penalised by late payment administration fees by property factors while cost disputes are ongoing.

The Property Factors (Scotland) Act 2011 (the Act) provides protections for homeowners who use the services of a property factor. This includes homeowners who may be landlords. The Act makes provision for a register of property factors, a Code of Conduct, which amongst other things sets minimum standards of practice where factors are applying late payment charges, and a route of appeal to the First-tier Tribunal for Scotland Housing and Property Chamber (First-tier Tribunal) where disputes arise. If a case relating to a disputed debt is accepted by the First-tier Tribunal and referred to a tribunal for consideration, the factor must not apply any interest or late payment charges in respect of the disputed items during the period that the tribunal is considering the case.

If a tenant has contracted with a landlord to pay factoring fees as part of their tenancy agreement the obligation to pay such fees will be a separate matter between the tenant and the landlord.

Question reference: S5W-17276

Asked by: Jackson Carlaw, MSP for Eastwood, Scottish Conservative and Unionist Party
Date lodged: Friday, 15 June 2018
Current Status: Answered by Kevin Stewart on 21 June 2018

To ask the Scottish Government what procedures are in place to protect landlords from pursuit of payment by property factors in such cases where documentation exists placing responsibility for factoring fees on the tenant.

The Property Factors (Scotland) Act 2011 (the Act) provides protections for homeowners who use the services of a property factor. This includes homeowners who may be landlords. The Act makes provision for a register of property factors, a Code of Conduct, which amongst other things sets minimum standards of practice where factors are recovering debt, and a route of appeal to the First-tier Tribunal for Scotland Housing and Property Chamber (First-tier Tribunal) where disputes arise.

If a tenant has contracted with a landlord to pay factoring fees as part of their tenancy agreement and fails to make those payments, then the landlord can take a case to the First-tier Tribunal to evict the tenant for breach of their tenancy agreement.

Chamber and committees