Date lodged: 5 March 2019
To ask the Scottish Government what appeal mechanisms are available to home owners when facing charges for repairs by (a) registered social landlords and (b) factors that they consider excessive.
Answered by: Kevin Stewart 14 March 2019
General information on making a complaint to a registered social landlord can be found at: https://www.scottishhousingregulator.gov.uk/publications/complaints-about-regulated-body .
Registered social landlords (including subsidiaries) who operate as a property factor are also regulated by the Property Factors (Scotland) Act 2011. The Act requires all property factors to be registered and then to comply with a code of conduct (the Code) which sets out minimum standards of practice in the delivery of services to homeowners. It is a requirement of the Code for a property factor to provide a homeowner with a copy of its complaints handling procedure.
A homeowner should inform their property factor in writing of the reason why they consider their property factor to have failed to comply with the Code and/or failed to carry out its duties. If the property factor refuses or unreasonably delays in attempting to resolve the complaint, then the Act provides a route of appeal to the First-tier Tribunal for Scotland Housing and Property Chamber which, among other things, enables owners to have their concerns about their property factor adjudicated by an independent judicial body. The First-tier Tribunal have the power to issue a legally binding property factor enforcement order if it finds in the homeowner’s favour.