Whether it will provide a list of the registered property factors that have failed to comply with a property factor enforcement order since…

The Property Factors (Scotland) Act 2011 provides the First-tier Tribunal for Scotland to issue property factor enforcement orders and to determine whether or not that Enforcement Order has been met.A person who, without reasonable excuse, fails to comply with a property factor enforcement order commits an offence. Any further action in relation to non-compliance with a property factor enforcement order (PFEO) is an operational matter that fall within the responsibilities of the Scottish Courts and Tribunals Service (SCTS). These matters have been passed to the Chief Executive of the SCTS who will reply in writing within 20 days.The Property Factors (Scotland) Act 2011 also provides that the First-tier Tribunal for Scotland serves Notices to Scottish Ministers of a failure to comply with a PFEO. To date 79 Notice to Ministers have been received. This figure may not be fully comprehensive as information may not be available due to the Scottish Government’s data retention policy.On receipt of a Notice, the first aim is to encourage compliance and address the issue. If this cannot be achieved, Scottish Ministers will remove registration as this will prevent the entity from legally operating as a property factor in Scotland. To date, the Scottish Ministers have removed registration from 3 property factors for failing to meet the requirements of the fit and proper person test, part of which included failing to comply with a PFEO. These property factors were removed in January 2015, January 2016, and April 2019 respectively.Scottish Ministers have sought additional powers in the Housing (Scotland) Bill to obtain further information and to carry out inspections with a view to supporting compliance and providing information to fully re-assess the fit and proper person test, if required.