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Housing services

Can we use our own contractors?

Can we use our own contractors?

Where there is a full factors clause, there is no provision in the title deeds for homeowners who are factored to arrange their own work, but the council, as the factor can allow them to do so, although it is entirely at the Property Services Manager's discretion.

Where there is an Eastwood style factors clause or no factors clause in the title deeds, homeowners have the option of seeking their own contractor however they must follow the terms of the Tenement (Scotland) Act 2004 and consult with all other owners in the block, including the council.

Any owner who chooses to seek their own contractor to carry out work is responsible for all aspects of arranging the work including instructing the contractor, paying the contractor and subsequently approaching any other owners for their share of the cost of the work. They are also responsible for all health and safety and insurance matters and are liable in the event of any issues with those aspects of the contract.

The council would not unreasonably object to homeowners arranging and carrying out repairs and maintenance but they have the same rights as all other owners in the block with regards to decision making and appeals. The council, as a landlord, also has duty of care to their tenants and must ensure that work carried out is to an acceptable standard.

Provided you have acted in accordance with the terms of the Tenements (Scotland) Act 2004 and have provided the Council with copies of quotes, invoices and receipts for the work, the Council will pay their share of costs upon satisfactory completion of the work.

You should refer to the Tenements (Scotland) Act, especially Schedule 1 - Tenement Management Scheme, for more information. There is a link to the act on the Council's factoring page on the website. The Common Repairs, Common Sense guide is also useful in outlining the procedures that should be followed when instructing common repairs. This can be found on the factoring pages of the council's website.

Please note that when an owner chooses to seek their own contractor they are still liable to pay the council's annual factoring fee.

Please contact the factoring team if you are thinking about arranging work yourself by phone on 0141 577 8000 or 0141 577 8428 or email factoring.team@eastrenfrewshire.gov.uk to discuss seeking your own contractor.


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