Factoring
3.1 Finding a factor
Information is available from the Council to help owners to find and appoint a factor. All property factors must be registered in the . Make sure that any factor you are thinking about appointing appears on the register. It is an offence to operate as a property factor in Scotland without being registered.
Factors must be deemed fit and proper to act as a factor. Property factors must provide Scottish Ministers with a list of properties or land for which they act as property factors.
has a list of property factors. You can also use the Yellow Pages or personal recommendation to help find a factor.
3.2 Responsibilities of the factor
Under the , property factors must give homeowners a written statement of services. The factoring arrangements should comply with what is set out in the title deeds. However, if all owners agree, a local arrangement can be set up, with the factors doing more or less than the title deeds stipulate.
This written statement of services must provide:
- the basis on which they are acting on behalf of all the homeowners in the building
- the main services that they will provide
- any services that may be required in addition to the main services provided
- how much their services cost including how they will be split between homeowners, how often homeowners will be billed and how payments will be collected, how service will be affected if some homeowners do not pay their shares
- their complaints handling procedure
- timescales for responses to requests
- the declaration of any financial or other interest in the building being managed
- how to bring the property factoring agreement to an end
- a clearly written down debt collection procedure your factor must not be intimidating or abusive when recovering money
3.3 Complaints about your factor
The requires property factors to have a complaints procedure in place and provides for a dispute resolution service for property factors and homeowners if complaints are not resolved. Your factor should provide you with a copy of their complaints procedure and give you details on how to take your complaint to if necessary.
If you want to make a complaint about your property factor:
- write to your property factor and explain why you are complaining, for example, if they have not carried out their factoring duties correctly, or they have not complied with the Code of Conduct for Property Factors
- you can take your complaint to the Housing and Property Chamber if your property factor refuses to resolve your complaint, or delays unreasonably in resolving your complaint
If it is found that that the property factor has failed to comply with the code or failed to carry out their duties, then a Property Factor Enforcement Order must be made. This requires the property factor to take action to resolve the complaint. Failure to comply with such a Property Factor Enforcement Order is a criminal offence.
is available from the Council. Advice and assistance to help you manage your factoring service is available from the .