Property Factors

Changing Your Property Factor in Scotland: What You Need to Know

If you’re unhappy with the service provided by your property factor, you may be wondering whether you can appoint a new one. While changing property factors is possible in many circumstances, it’s important to understand the process, your legal rights, and the potential challenges before making a decision.

What Is a Property Factor?

A property factor is a company, housing association, local authority, or other organisation responsible for managing and maintaining common areas of residential properties. This may include communal stairwells, roofs, gardens, parking areas, lighting, insurance arrangements, and repairs to shared parts of a building.

In Scotland, all property factors must be registered with the Scottish Property Factor Register and comply with the statutory Property Factor Code of Conduct.

Why Do Homeowners Change Property Factors?

Common reasons for seeking a change include:

• Poor communication or lack of responsiveness.
• Concerns over repair standards or maintenance delays.
• High or unclear management fees.
• Lack of transparency regarding expenditure.
• Dissatisfaction with customer service.
• Repeated complaints that remain unresolved.

Before deciding to change factor, homeowners should clearly identify the issues and determine whether they can be resolved through the factor’s complaints process.

Check Your Title Deeds First

One of the most important steps is reviewing your title deeds or Deed of Conditions.

Your title documents may specify:

• Whether a factor must be appointed.
• How a factor can be removed or replaced.
• The voting threshold required from homeowners.
• Whether a developer has rights to appoint a factor for a fixed period.

Failing to follow the procedures set out in the title deeds could lead to disputes or legal complications.

Understand the Costs of Switching

Changing property factors may involve:

• Termination notice periods.
• Outstanding maintenance or management charges.
• Transfer fees.
• Costs associated with appointing a new factor.

Before making a decision, ask both your existing and prospective factor for clear information regarding any costs involved.

Compare Potential New Factors Carefully

Not all property factors provide the same level of service.

When considering alternatives, ask:

• What services are included in their management fee?
• How are repairs instructed and monitored?
• What emergency response arrangements are available?
• How often will homeowners receive financial statements?
• What communication methods are used?
• Can references or examples of similar developments be provided?

Request a copy of the factor’s Written Statement of Services, which should explain their obligations, fees, and service standards.

Review Their Registration and Reputation

Always confirm that any prospective factor is registered on the Scottish Property Factor Register. Operating as a property factor without registration is unlawful.

You should also consider:

• Online reviews.
• Recommendations from neighbouring developments.
• Tribunal decisions involving the factor.
• Professional memberships and accreditations.

Follow the Correct Voting Process

In many developments, a majority of homeowners may be required to support the appointment of a new factor. The exact requirements will depend on your title deeds and the legal arrangements governing your property.

Ensure all homeowners are given clear information about the proposed change and that voting procedures are properly documented.

What If You Have a Complaint About Your Current Factor?

If you believe your factor has failed to meet its obligations, you should:

1. Submit a formal complaint using the factor’s complaints procedure.
2. Allow the factor an opportunity to investigate and respond.
3. Keep copies of all correspondence and supporting evidence.

If the issue remains unresolved, homeowners may be able to apply to the First-tier Tribunal for Scotland (Housing and Property Chamber), which can consider alleged breaches of the Property Factor Code of Conduct or failures in a factor’s duties.

Where Can You Get Independent Advice?

Useful sources of information include:

• The Scottish Property Factor Register, where you can check whether a factor is registered and view information about properties they manage.
• The Scottish Government’s guidance on property factors and homeowners’ rights.
• Shelter Scotland, which provides independent housing advice and guidance on dealing with property factors.
• Under One Roof, which offers practical information on tenement management, maintenance responsibilities, and appointing or changing factors.
• The First-tier Tribunal for Scotland (Housing and Property Chamber) for dispute resolution where appropriate.

Final Thoughts

Changing your property factor can improve service levels, communication, and value for money, but it should never be undertaken without careful consideration. Review your title deeds, understand the voting requirements, compare alternative providers thoroughly, and ensure that all homeowners are properly informed before any decision is made.

Taking the time to investigate your options can help ensure that any change benefits the long-term management and maintenance of your property.