Sharon McDougall - Updated - 10th June 2024 - 3 minutes to read
High factoring fees are placing an increasing financial strain on many property owners in Scotland, with some property factoring companies being criticised for huge price rises for what is often only essential basic maintenance and insurance.
The purpose of a factor is to carry out ongoing maintenance, cleaning, and servicing of communal areas in property where there is more than one homeowner, such as the entrance hall and stairs of tenement flats, communal grounds, or lifts.
They’re also responsible for ensuring that the building is insured, and arranging for any emergency repairs or renovation to be carried out. The problem is that property owners are facing large bills, often unexpectedly, for which they have not budgeted, causing what appears to be unnecessary financial hardship.
Get a rough indication of what your repayments might be under each of our different debt solutions.
What is the legislation governing property factors in Scotland?
This type of property maintenance fee, and its provision, is regulated by the Property Factors (Scotland) Act, 2011. The legislation’s purpose is to protect you as a property owner by laying down the obligations of a factoring company, and how the arrangements should work in practice.
A Code of Conduct for Property Factors is included in the legislation, stating the minimum standards that must be met – for example, in how a factor should communicate with homeowners, and how any late payments will be collected.
The factoring company should also provide a written statement detailing their services. So if your factoring fees are now unaffordable, what action can you take?
You need to make a complaint in writing to the factoring company in the first instance, explaining the problem. They should have included the estimated time to deal with a complaint within their contract, so if they take too long in replying, or you’re not satisfied with their reply, you can escalate your complaint.
The next stage is to take your complaint to the First-tier Tribunal for Scotland (Housing and Property Chamber), formerly known as the Homeowners Housing Panel. A further route for appeal is available via the Upper Tribunal for Scotland.
Your title deeds should set out the requirements for changing your property factor. If not, you need to refer to the Tenement Management Scheme, or TMS. The title deeds may state that all homeowners must vote in favour of change, but in practice this requirement is unrealistic, especially in a large development.
In general terms, if two-thirds of homeowners agree that the existing factor should be fired, then this can go ahead. One of the principal requirements to operate as a property factor in Scotland, is to be registered in the Register of Property Factors.
It’s worth knowing that if your property factor isn’t registered, they may be guilty of a criminal offence and face a fine of up to £5,000.
High factoring fees, or unexpected bills for servicing and repair of communal areas, can lead to serious financial issues for property owners. If you’re experiencing problems with increasing debt, or need professional advice on how to deal with your current factoring company, our experts at Scotland Debt Solutions can help.
Sharon McDougall
Manager
Clearpay lets you spread the cost of your purchase through 4 instalments, due every 2 weeks. The payment option is available online, through the Clearpay app, and you can also use a digital payment ca...
Buy now, pay later (BNPL) services are gaining popularity due to their easy access and flexible repayment options. BNPL is highly appealing as it lets you spread the cost of a purchase, rather than ma...
We all want to save on our household bills and have more money in our pocket for the fun things in life. While bills are an unavoidable fact of life, here are some ways you can help to reduce them:
About
Why Choose Us
Speak Direct With
A Qualified Adviser
We Don't Operate
Call Centres
5 Offices in Scotland
National Coverage
Ask us About
Home Visits
Fully Regulated Advisors
From a Reputable Firm
Helping Scots Get
Out of Debt Since 1989
We'll give you a call
Our Scottish based team can help advise you on your debt problems.
Tools
Useful Tools
Our personalised debt report will help you better understand your financial position and see where your money is going.
Arrange a call with an expert advisor at a time to suit you or contact our team via WhatsApp for immediate help and advice.
We have five offices located across Scotland. Find your nearest one here.
OUR SERVICES
We can help you with...
Sequestration is the Scottish version of bankruptcy and may be suitable for you if you do not have the money to pay back your debts
Find out MoreA Trust Deed involves making a monthly contribution to your debts for up to four years. After this time any remaining debt included in the Trust Deed will not need to be paid.
Find out MoreA Debt Arrangement Scheme (DAS) lets you pay off your debt through a series of manageable instalments over a reasonable length of time.
Find out MoreWhether you are a sole trader or a limited company director, we can help you work through your current financial problems including money owed to HMRC
Business DebtsOur Insolvency Practitioners are regulated by ICAS or the IPA and our firm is authorised and regulated by the Financial Conduct Authority
Fees and Information: There are fees associated with our services. These will be fully explained before entering into any of the personal debt solutions referred to on this website. Full details of our fees and how these are charged are fully explained to you prior to you committing to any particular service.