Written Question · S6W-40486 · Session 6
What process is in place for a complainant to make representations to the Scottish Ministers following a report from the First-tier Tribuna…
The question
To ask the Scottish Government what process is in place for a complainant to make representations to the Scottish Ministers following a report from the First-tier Tribunal for Scotland (Housing and Property Chamber) regarding a property factor’s failure to comply with a Property Factor Enforcement Order, and whether it will consider extending the same right of representation to complainants as is currently afforded to property factors under the Property Factors (Scotland) Act 2011.
The answer
During development of the Property Factors (Scotland) Act 2011, careful consideration was given to homeowner redress. The First-tier Tribunal for Scotland was established as an independent judicial body to hear disputes and, where appropriate, issue Property Factor Enforcement Orders (PFEOs).Failure to comply with a PFEO is formally notified to Scottish Ministers and informs the assessment of whether a property factor remains fit and proper. Ministers’ initial approach is to work with the factor to restore compliance and ensure service standards are met.Removal from the register is considered only where compliance cannot be achieved, as this prevents the factor from operating anywhere in Scotland and affects all homeowners they serve. Therefore, full consideration of legal requirements, including Tribunal decisions, is essential.
In the Official Report
No contribution in the Official Report cites S6W-40486 by reference.