The Property Factors (Scotland) Act 2011 aims to protect homeowners by providing minimum standards for property factors. It will apply broadly to all residential property and land managers whether they are private sector businesses, local authorities or housing associations. The definition of “property factor” is contained in Section 2 of the Act.
Please note our information for Applicants wishing to apply to hohp at commencement of the Property Factors (Scotland) on 1st October 2012, can be found under the 'How We Can Help' section.
There will be a compulsory register of all property factors operating in Scotland and property factors will have to comply with a new Code of Conduct that sets out minimum standards of practice.
The Act allows homeowners to make an application to the Homeowner Housing Panel for a determination as to whether their property factor has failed to carry out their factoring duties, or failed to comply with the Code of Conduct. If the Homeowner Housing Committee, which considers the application, considers 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 requiring the property factor to take such action or make such payment as is considered necessary. Failure to comply with such an Order is a criminal offence.
To take a complaint to the Homeowner Housing Panel, homeowners must first notify their property factor in writing of the reasons why they consider that the factor has failed to carry out their duties, or failed to comply with the Code. The property factor must also have refused to resolve the homeowner’s concerns, or have unreasonably delayed in attempting to resolve them. All provisions of the Act will come in to force on 1 October 2012.