Why Scotland needs to rethink who really holds property factors to account
Modern property factoring in Scotland was born out of a practical problem. Blocks of flats needed maintained, repairs needed instructed, bills needed paid and, too often, there was no formal structure among co-owners to make decisions.
So, the factor became the mechanism. Appointed by owners, accountable to owners and removable by owners, the factor acted as agent for the block. In theory, at least, the system was simple enough.
Then came the Property Factors (Scotland) Act 2011. It was ground-breaking legislation, and its purpose was understandable: protect homeowners, raise standards and make factors more accountable.
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It also introduced the Scottish Tribunals system, a place for grievances to be raised. Few in the industry would argue with those aims. Good factors should welcome scrutiny, communicate clearly, do what they say they will do and be able to explain the decisions made.
But after more than a decade of the legislation being in play, it is fair to ask whether the system created to support homeowners is now in danger of missing the point.
Factoring is, by its nature, about collective responsibility. A block of flats is not a collection of isolated interests. It is a shared asset, with shared obligations and shared costs.
Decisions are often made by majority........
