Question reference: S6W-01697
- Asked by: Craig Hoy, MSP for South Scotland, Scottish Conservative and Unionist Party
- Date lodged: 22 July 2021
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Current status: Answered by Shona Robison on 16 August 2021
Question
To ask the Scottish Government how many property factors have been de-registered in each year since 2011, broken down by whether the factor was deregistered due to (a) no longer being considered to be a fit and proper person to be registered as a property factor, (b) having failed to comply with the obligation to include its registration number in correspondence sent to homeowners and (c) having failed to demonstrate compliance with (i) the property factor Code of Conduct and (ii) any property factor enforcement order made against the property factor by the First-tier Tribunal.
Answer
The information requested is contained in the following table:
Year (See Note 1) | Number removed from the register of property factors (See Note 2) | Removed under S4(7) as registration expired after 3 year period without an application for renewal | Removed under 8(1) (not fit and proper - failed to comply with the Code and / or a property factor enforcement order(s) (See Note 3) | Removed under 8(1) (dissolved / no longer a legal entity) |
2011 | N/A | N/A | N/A | N/A |
2012 | 0 | 0 | 0 | 0 |
2013 | 0 | 0 | 0 | 0 |
2014 | 0 | 0 | 0 | 0 |
2015 | 20 | 19 | 1 | 0 |
2016 | 38 | 37 | 1 | 0 |
2017 | 19 | 15 | 0 | 4 |
2018 | 24 | 20 | 0 | 4 |
2019 | 44 | 42 | 1 | 1 |
2020 | 16 | 16 | 0 | 0 |
Note 1:
The register of property factors opened in October 2012 so no data is available for 2011.
Note 2:
The Property Factors (Scotland) Act 2011, allows that a property factor can be removed from the register for the following reasons:
- under section 4(7) (a) - where registrations are removed as no further application is received before expiry of the previous registration.
- under section 8(1) for no longer being a fit and proper person or failing to demonstrate compliance with:
o the property factor code of conduct, or
o any property factor enforcement order.
- under section 8(1) for no longer being a fit and proper person as they are no longer a legal entity (technical removal).
No Property Factor has been removed for failing to comply with their obligations around use of their property factor registered number.
Note 3:
Any non-voluntary removal of registration would be expected to be on the basis of a range of issues and not related to a single issue such as not complying with the requirements around the use of a property factor registered number.