Date lodged: 15 June 2018
To ask the Scottish Government what procedures are in place to protect landlords from pursuit of payment by property factors in such cases where documentation exists placing responsibility for factoring fees on the tenant.
Answered by: Kevin Stewart 21 June 2018
The Property Factors (Scotland) Act 2011 (the Act) provides protections for homeowners who use the services of a property factor. This includes homeowners who may be landlords. The Act makes provision for a register of property factors, a Code of Conduct, which amongst other things sets minimum standards of practice where factors are recovering debt, and a route of appeal to the First-tier Tribunal for Scotland Housing and Property Chamber (First-tier Tribunal) where disputes arise.
If a tenant has contracted with a landlord to pay factoring fees as part of their tenancy agreement and fails to make those payments, then the landlord can take a case to the First-tier Tribunal to evict the tenant for breach of their tenancy agreement.