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Housing services

Factoring - What Does the Law Say?

The legal responsibilities of East Renfrewshire Council and owners for common repairs and factoring.

Property Factors (Scotland) Act 2011

The Property Factors (Scotland) Act 2011 was passed as law by the Scottish Parliament in March 2011 and it came into force on 1 October 2012.

The law was developed to regulate property factors and provide a more transparent relationship between them and homeowners. It aims to protect homeowners by providing minimum standards for property factors. It applies to all residential property and land managers whether they are private sector businesses, local authorities or housing associations.

The Act has three main elements:

  1. A compulsory register of all property factors operating in Scotland
  2. A code of conduct that sets out minimum standards of practice with which all registered property factors must comply
  3. A route for redress: the First-tier Tribunal for Scotland Housing and Property Chamber. Homeowners will be able to apply to the Tribunal if they believe that their factor has failed to comply with the code of conduct or otherwise failed to carry out their factoring duties.

How does the Property Factors (Scotland) Act 2011 affect you?

If East Renfrewshire Council acts as factor for your block, your property will have been registered with the Scottish Government.

In line with the Code of Conduct the council is required to provide every factored homeowner with their Written Statement of Services.

What is the Written Statement of Services?

The Written Statement is a statement of services that set out the terms and delivery standards of the arrangements in place between the council and the homeowner in a simple and transparent way.

All homeowners who are factored by East Renfrewshire Council from the 1st April 2015 will receive a new written statement:

Title Deeds and Land Certificates

All homeowners have a set of documents known as title deeds, sometimes referred to as a land certificate. These documents place a legal responsibility on every homeowner within a block to maintain common areas. East Renfrewshire Council will act in accordance with what is stated in your title deeds when arranging and carrying out necessary common repairs and acting as factor for your block.

Tenements (Scotland) Act 2004

The Tenements (Scotland) Act 2004 was passed as law by the Scottish Parliament and came in to force on 28 November 2004.

The Act provides a structure for the maintenance and management of tenements if this is not provided for in the owner's title deeds. The Tenement Management Scheme is the main instrument of the Act that provides clear details on how decisions are made on maintenance and management issues.

The term 'tenement' covers a wide range of property including traditional sandstone tenements, large houses converted into flats, high rise blocks and four-in-a-block.

Any owner, including the council, should follow the Tenements (Scotland) Act 2004 when arranging and carrying out common repairs unless the title deeds for the property have a specific process to follow.

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