Parliament Workbench
Data: Motions & questions to 19 Nov 2026

Written Question · S6W-39120 · Session 6

What powers are available to the First-tier Tribunal for Scotland (Housing and Property Chamber) or any other relevant body when a property…

Answered Asked by Mark Griffin Lab Lodged 2 Jul 2025

The question

To ask the Scottish Government what powers are available to the First-tier Tribunal for Scotland (Housing and Property Chamber) or any other relevant body when a property factor does not comply with a property factor enforcement order under the Property Factors (Scotland) Act 2011, and in how many cases since 2011 have these powers been used to secure compliance or impose penalties.

The answer

Answered by Mairi McAllan on 29 Jul 2025 · 27 days after it was lodged, on time

No powers are available to the Tribunal or any relevant body to secure compliance with a property factor enforcement order that a property factor has already failed to comply with.However, Section 23 of the Property Factors (Scotland) Act 2011 (“the 2011 Act”) requires the First-tier Tribunal to serve notice on the Scottish Ministers where they have determined that a property factor has failed to comply with a property factor enforcement order.Failure to comply with a property factor enforcement order, without a reasonable excuse, is a criminal offence under section 24 of the 2011 Act which can be reported to Police Scotland. A person found guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.In respect of the actions that the Scottish Ministers will take when receiving a notice from the First-tier Tribunal, I would refer to the answer to question S6W-39119 on 29 July 2025.The other matters of this question relate to operational matters that are the responsibility of the Scottish Court and Tribunals Service (SCTS) corporate body. These matters have been passed to the Chief Executive of the SCTS who will reply in writing within 20 days.All answers to written Parliamentary Questions are available on the Parliament's website, the search facility for which can be found at https://www.parliament.scot/chamber-and-committees/written-questions-and-answers.

In the Official Report

No contribution in the Official Report cites S6W-39120 by reference.