Factoring Service - Legal Framework

The Property Factors (Scotland) Act 2011

The Act was passed by the Scottish Parliament in March 2011.  It aims to create a framework which will provide increased protection for homeowners who use the services of a property factor. 

The Act has three main elements:

  1. A compulsory register for property factors
  2. A code of Conduct with which all registered property factors will be required to comply; and
  3. A new statutory dispute resolution mechanism, known as the First-tier Tribunual for Scotland Housing and Property Chamber (FTT).  Homeowners will be able to make applications to the FTT if they believe their property factor has failed to comply with either their factoring duties or with the Code of Conduct

Under Section 1 of the Code, every organisation that provides a factoring service has to provide to each homeowner who receives that service a written statement which sets out:  

  • The basis on which and a description of the services provided  
  • How the services are provided and any standards that apply;  how the service costs are paid for by Homeowners and debt recovery procedures
  • How complaints are dealt with; and  
  • Where appropriate, how the service may be ended

Written statements have been issued to all homeowners who receive factoring services from us.  A copy may be viewed here

If you wish to discuss any aspect of the Code of Conduct, please contact our Factoring Officer, Suzanne Sweenie.

 Title Deeds & Deeds of Conditions

Each property has a legal document, the title deed, and often an associated document , the deed of conditions, which together impose conditions of the property to which it relates. Conditions may cover permitted uses and the management, maintenance, insurance, repair and improvement of the property.

We will either be named as factor in the title deeds, have been appointed as factor by a majority of the homeowners in the building, or were already the factor for the property at the time you bought the property.

For specific information on your title deed and/or deed of conditions, please contact a solicitor or legal adviser.