Property Factors - Frequently Asked Questions

Author: Angus Evans

PDF Published: Thursday 15 Dec 2022 (SB 22-72)

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Overview
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Overview
Report
- Executive Summary
- What are property factors?
- What services do property factors offer?
- Why do homeowners use property factors?
- What are the main laws governing factoring?
- The Property Factors (Scotland) Act 2011
  - Which organisations does the 2011 Act apply to?
  - What kind of property is covered?
  - What are the rules on registration?
  - What does the Code of Conduct do?
    
    Overarching standards of practice
    
    Written statement of services
    
    Individual service standards
- Title deeds and associated legislation
  - Title deeds
  - Associated legislation
- Contract law
- How does the dispute resolution system work?
  - Grounds for bringing cases to the First-tier Tribunal
  - Tribunal procedures
  - What are the First-tier Tribunal's enforcement powers?
  - What role do the courts have?
- How do you appoint or dismiss a property factor?
- Land-owning maintenance companies
  - Background
  - How do the above rules apply to land-owning maintenance companies?
  - Inquiries into the system
  - Cases in the courts
  - Voluntary Code of Practice
  - Where to find more information?
Sources

Scottish Parliament. (2013, June 5). Justice Committee - 8th Report, 2013 (Session 4) Inquiry into the effectiveness of the provisions of the Title Conditions (Scotland) Act 2003 - para 71. Retrieved from https://archive2021.parliament.scot/parliamentarybusiness/currentcommittees/64203.aspx [accessed 12 October 2022]

Scottish Parliament. (2007, October). Property Factors (Scotland) Bill Consultation Paper. Retrieved from https://archive2021.parliament.scot/S2_MembersBills/Draft%20proposals/propertyfactors.pdf [accessed 5 August 2022]

Scottish Parliament. (2011). Property Factors (Scotland) Bill. Retrieved from https://archive2021.parliament.scot/parliamentarybusiness/Bills/22539.aspx [accessed 5 August 2022]

Scottish Parliament. (2010, June 1). Property Factors (Scotland) Bill Policy Memorandum. Retrieved from https://archive2021.parliament.scot/S3_Bills/Property%20Factors%20(Scotland)%20Bill/b51s3-introd-pm.pdf [accessed 5 August 2022]

Pinsent Masons. (2020, June 15). Developer not a factor by performing factor duties. Retrieved from https://www.pinsentmasons.com/out-law/news/developer-not-a-factor-by-performing-factor-duties [accessed 8 August 2022]

Scottish Government. (2012, August). Property Factors (Scotland) Act 2011 Frequently Asked Questions . Retrieved from https://www.gov.scot/binaries/content/documents/govscot/publications/factsheet/2012/08/property-factor-register-guidance-am-i-a-property-factor/documents/property-factor-guidance-am-i-a-property-factor/property-factor-guidance-am-i-a-property-factor/govscot%3Adocument/Property%2BFactor%2BRegister%2B-%2BGuidance%2B-%2BAm%2BI%2Ba%2BProperty%2BFactor%2B.pdf [accessed 5 August 2012]

Register as a property factor - Overview. (2020, October 5). Retrieved from https://www.mygov.scot/register-property-factor [accessed 18 August 2022]

Scottish Government. (2016). Enforcement of the Property Factors (Scotland) Act 2011. Retrieved from www.gov.scot/binaries/content/documents/govscot/publications/advice-and-guidance/2016/02/enforcement-of-the-property-factors-scotland-act-2011/documents/enforcement-2011-property-factors-scotland-act-pdf/enforcement-2011-property-factors-scotland-act-pdf/govscot%3Adocument/Enforcement%2Bof%2Bthe%2B2011%2BProperty%2BFactors%2B%2528Scotland%2529%2BAct.pdf?forceDownload=true [accessed 18 August 2022]

Property Factors (Scotland) Act 2011: Fit and Proper Person Declaration Factsheet. (2016, May 16). Retrieved from https://www.gov.scot/binaries/content/documents/govscot/publications/factsheet/2016/05/property-factors-scotland-act-2011-fit-and-proper-person-factsheet/documents/property-factors-scotland-act-2011-fit-proper-person-declaration-factsheet-pdf/property-factors-scotland-act-2011-fit-proper-person-declaration-factsheet-pdf/govscot%3Adocument/Property%2BFactors%2B%2528Scotland%2529%2BAct%2B2011%2B-%2Bfit%2Band%2Bproper%2Bperson%2Bdeclaration%2Bfactsheet.pdf [accessed 30 August 2022]

Property factor Apex becomes first to be removed from register. (2020, January 21). Retrieved from https://www.scottishlegal.com/articles/property-factor-apex-becomes-first-to-be-removed-from-register [accessed 6 August 2022]

Scottish Parliament. (2022, July 14). Question S6W-09607: Craig Hoy, South Scotland, Scottish Conservative and Unionist Party, Date Lodged: 05/07/2022. Retrieved from https://archive2021.parliament.scot/parliamentarybusiness/28877.aspx?SearchType=Advance&ReferenceNumbers=S6W-09607 [accessed 7 December 2022]

Scottish Government. (2022). Personal communication from the Scottish Government (unpublished). (n.p.): (n.p.).

Scottish Government. (2018, March). The Scottish Property Factor Register Property Factors (Scotland) Act 2011 Guide to Registration. Retrieved from https://www.gov.scot/binaries/content/documents/govscot/publications/advice-and-guidance/2016/12/property-factors-first-time-registration-guidance/documents/property-factor-register-guide-registration-pdf/property-factor-register-guide-registration-pdf/govscot%3Adocument/Property%20Factor%20Guide%20to%20Registration%20Aug%202018.pdf [accessed 17 August 2022]

The First-tier Tribunal for Scotland (Housing and Property Chamber). (2022). The Chamber and tribunals. Retrieved from https://www.housingandpropertychamber.scot/who-we-are/chamber-and-tribunals [accessed 13 September 2022]

First-tier Tribunal for Scotland (Housing and Property Chamber). (2021, August 16). New revised Code of Conduct for Property Factors commences 16th August 2021. Retrieved from https://www.housingandpropertychamber.scot/news/new-revised-code-conduct-property-factors-commences-16th-august-2021 [accessed 14 September 2022]

First-tier Tribunal for Scotland (Housing and Property Chamber). (2022). What can a Homeowner make an application about?. Retrieved from https://www.housingandpropertychamber.scot/apply-tribunal/property-factors/property-factors-faq#What%20can%20a%20Homeowner%20make%20an%20application%20about? [accessed 13 September 2022]

First-tier Tribunal for Scotland (Housing and Property Chamber) . (2022). Information Guide on applications about property factors. Retrieved from https://www.housingandpropertychamber.scot/sites/default/files/hpc/PROPERTY%20FACTOR%20FAQ%2020210223.docx [accessed 13 September 2022]

The First-tier Tribunal for Scotland (Housing and Property Chamber). (2022). Appeals and Reviews. Retrieved from https://www.housingandpropertychamber.scot/who-we-are/appeals-and-reviews [accessed 14 September 2022]

First-tier Tribunal for Scotland (Housing and Property Chamber). (2022). Property Factors Application and Guidance. Retrieved from https://www.housingandpropertychamber.scot/apply-tribunal/property-factors/property-factors-application-and-guidance [accessed 13 September 2022]

Scottish Government. (2022, August 30). Non compliance of a Property Factor Enforcement Order (PFEO): FOI release. Retrieved from https://www.gov.scot/publications/foi-202200310915/ [accessed 14 September 2022]

Scottish Parliament. (2022, November 4). Question reference: S6W-11726. Retrieved from https://www.parliament.scot/chamber-and-committees/questions-and-answers/question?ref=S6W-11726 [accessed 30 November 2022]

Scottish Government. (2022). Correspondence from the Scottish Government (unpublished). (n.p.): (n.p.).

Scottish Parliament. (2013, June 5). Justice Committee 8th Report, 2013 (Session 4) Inquiry into the effectiveness of the provisions of the Title Conditions (Scotland) Act 2003 (para 71) . Retrieved from https://archive2021.parliament.scot/S4_JusticeCommittee/Reports/juR-13-08-w-rev.pdf [accessed 21 September 2022]

Scottish Government. (2011, March 7). Maintenance of Land on Private Housing Estates (paras 1.09-1.10). Retrieved from https://www.webarchive.org.uk/wayback/archive/20150219030011/http://www.gov.scot/Publications/2011/03/04104005/17 [accessed 22 September 2022]

Clackmannanshire Council . (2012, March 8). Report to Council - Maintenance of Public Open Space within New Residential Development (paras 3.10 and 5.1). Retrieved from https://www.clacks.gov.uk/document/meeting/1/379/3669.pdf [accessed 21 September 2022]

CMS Law. (2019, April 20). Case Comment - Greenbelt vs Walsh: Ownership Model of Open Space Land Maintenance. Retrieved from https://www.cms-lawnow.com/ealerts/2019/04/case-comment-greenbelt-vs-walsh-ownership-model-of-open-space-land-maintenance [accessed 22 September 2022]

Scottish Parliament. (2013). Justice Committee Inquiry into the effectiveness of the provisions in the Title Conditions (Scotland) Act 2003 Written submission from the Greenbelt Group Ltd. Retrieved from http://external.parliament.scot/S4_JusticeCommittee/Inquiries/TC24._Greenbelt_Group_Ltd.pdf [accessed 23 September 2022]

Scottish Parliament. (2007, September 6). Plenary, 06 Sep 2007 Meeting date: Thursday, September 6, 2007 - Common Land (Housing Estates). Retrieved from https://www.parliament.scot/chamber-and-committees/official-report/what-was-said-in-parliament/meeting-of-parliament-06-09-2007?meeting=4738&iob=38845 [accessed 21 September 2022]

Office of Fair Trading. (2009, February 12). Press releases 2009 - OFT finds significant problems in Scottish property management market. Retrieved from https://webarchive.nationalarchives.gov.uk/ukgwa/20140402173621/http://oft.gov.uk/news-and-updates/press/2009/12-09 [accessed 21 September 2022]

Consumer Focus Scotland. (2010, October 28). LEGAL OPINION ON LAND MAINTENANCE COMPANIES - ACCOMPANYING STATEMENT . Retrieved from https://s3-eu-west-1.amazonaws.com/s3.spanglefish.com/s/2241/documents/legal-opinion-on-land-maintenance-companies.pdf [accessed 21 September 2022]

Consultation on maintenance of land on private housing estates.. (2011, March 7). Retrieved from https://www.webarchive.org.uk/wayback/archive/20150218180908/http://www.gov.scot/Publications/2011/03/04104005/0 [accessed 21 September 2022]

Scottish Parliament. (2013). Inquiry into the effectiveness of the provisions in the Title Conditions (Scotland) Act 2003. Retrieved from https://archive2021.parliament.scot/parliamentarybusiness/currentcommittees/59247.aspx [accessed 21 September 2022]

Scottish Parliament. (2013, June 5). Justice Committee 8th Report, 2013 (Session 4) Inquiry into the effectiveness of the provisions of the Title Conditions (Scotland) Act 2003. Retrieved from https://archive2021.parliament.scot/parliamentarybusiness/CurrentCommittees/64203.aspx [accessed 21 September 2022]

Scottsh Government. (4, September 2013). Justice Committee Inquiry into the effectiveness of the provisions of the Title Conditions (Scotland) Act 2003 Response from the Scottish Government. Retrieved from https://archive2021.parliament.scot/S4_JusticeCommittee/Inquiries/20130904_SG_response_to_Title_Conditions_inquiry.pdf [accessed 21 September 2022]

Lands Tribunal for Scotland. (2015, December 5). LANDS TRIBUNAL FOR SCOTLAND OPINION Michael Joseph Marriott and another (applicants) v Greenbelt Group Limited (respondents) Case Ref: LTS/TC/2014/27. Retrieved from http://www.lands-tribunal-scotland.org.uk/decisions/LTS.TC.2014.27.html [accessed 22 September 2022]

Scottish Parliament. (2022, June 30). Question reference: S6W-09181. Retrieved from https://www.parliament.scot/chamber-and-committees/questions-and-answers/question?ref=S6W-09181 [accessed 15 December 2022]

Last Updated: 12/3 2:15pm

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