More informa!on

More informa!on
Go to the Scottish Government website for more information on the Act
And if you need help with any of these issues, please contact us at Govanhill Law Centre.
About us
Govanhill Law Centre is part of the Govan Law Centre Trust (GLC). We are a free, community
controlled, law centre based in the Govanhill area of Glasgow. GLC is a registered Scottish
charity, no. SCO30193. We provide legal advice and representation on housing, employment,
social security law and education matters for Govanhill residents free at the point of delivery.
We opened in November 2008, funded by the Scottish Government’s Equalities Unit, OXFAM,
UNISON Scotland, USDAW, and supported by Govanhill Community Development Trust to
address unmet legal need in Govanhill, particularly the lack of legal advice and representation
for Black and Minority Ethnic (BME) communities, including the Roma community.
How to contact us:
Govanhill Law Centre
Samaritan House, Lower Ground Floor, 79 Coplaw Street, Govanhill, Glasgow, G42 7JG
t: 0141 433 2665 e: [email protected]
Property Factors (Scotland) Act 2011
Did you know the legisla!on
about Factors in Scotland
changed in October 2012?
This project is supported by the Esme Fairbairn Foundation
Your Rights under the New Act
For a long time, the issue of tenement properties and the factoring (managing)
of these common buildings has been a problem area. The Scottish Parliament
has now passed an Act which means that all property factors must be registered
– only “fit and proper” persons will be allowed to register.
The Property Factors (Scotland) Act 2011 came into force on 1st October 2012.
The Act is divided into two main parts
Part 1 deals with the requirement that property factors must register with the Sco!sh Government
Part 2 deals with the crea"on of an independent panel to consider complaints from homeowners
In addi"on, there is a Code of Conduct for property factors. This sets out minimum standards of
prac"ce for property factors.
Registra!on of Property Factors
A person who is or intends to be a property factor must apply for entry to the register.
Applicants are subject to the fit and proper person test and must follow the Property Factor
Code of Conduct. Once a property factor has been placed on the register the registra"on is valid
for three years from the date on which the entry is made.
A property factor can be removed from the register where they fail to meet any of the
requirements for approval of applica"on to the register. Where a property factor fails to register
or is removed from the register they are no longer able to recover costs or charges in respect of
work instructed or charges incurred. In this situa"on, a homeowner is able to appoint a new
property factor.
A person who operates as a property factor while unregistered is guilty of a criminal offence.
Code of Conduct for Property Factors
The new Act also introduces a Code of Conduct with which all registered proper!es’
factors must comply. This Code of conduct deals with seven main areas:
Factors must provide a wri"en statement
of services for each house-owner
Factors must communicate & consult with
homeowners before carrying out work and
incurring charges for common proper"es
Factors must have proper procedures
to protect homeowners funds
(e.g. floats, deposits etc.) and have a duty
to provide a detailed financial breakdown
of charges made
Factors must have a clear wri$en
procedure for debt recovery
types of insurance (e.g. for building or
contents) for homeowners, must provide
certain informa"on
Factors must have proper procedures
allowing homeowners to no"fy them of
ma$ers requiring repair, maintenance or
Factors must provide homeowners with a
copy of their In-house Complaints
procedure and explain how homeowners
can make an applica"on to the
Homeowner Housing Panel (HHP)
Factors must have adequate professional
indemnity insurance and if arranging
Dispute Resolu!on
Part Two of the Act establishes the Homeowner Housing Panel (HHP).
The homeowner can apply to the HHP for a decision if they think their property factor has failed
to carry out their duties or has failed to comply with the property factor Code of Conduct.
If you want to make a complaint about your property factor, you should write to the Property
Factor initially and explain why you are complaining, providing all the details of your complaint.
If your factor refuses to resolve your complaint or delays unreasonably in resolving it, then you
can take your complaint to the Homeowner Housing Panel.