Tribunal Record

The homeowner's application was dismissed by the tribunal because the applicant did not attend the hearing.

"The Tribunal members...applied Rule 27 2b of the Procedure Rules and dismissed the Application."

The tribunal found Newton Property Management in breach of the Property Factors Code of Conduct for multiple reasons including providing misleading information, and not providing requested information. The tribunal proposed a Property Factor Enforcement Order.

"The Tribunal find that there has been a breach of the Code in this regard.It can only be concluded for the reasons we have detailed in our decision regarding OSP2, that the Respondent has provided deliberately misleading information."

The Tribunal found that the factor breached the Code of Conduct OSP2 by accepting liability for a drainage system based on an irrelevant report. The Tribunal proposed a PFEO that the factor pay the homeowner £350.

"The Tribunal determine that the Factor has not been fair with the Homeowner in relation to the acceptance of liability for maintenance of the surface water drainage system on 18th January 2023 when they knew that the system was faulty and there had been an incident of flooding three days before."

The tribunal found the factor had breached the code by not responding to a complaint in the required timeframe, but declined to issue a PFEO.

"The Tribunal therefore does not propose to make a Property Factor Enforcement Order."

The Tribunal found Newton Property Management Limited in breach of the Code of Conduct and issued a Property Factor Enforcement Order. The factor subsequently complied with the order.

"The Tribunal determined that the Factor had failed to comply with OSP 11 and section 3.1 of the 2021 Code of Conduct..."

The tribunal found that the property factor had not failed to comply with the Code of Conduct and dismissed the homeowner's application.

"Accordingly, the Tribunal dismissed the Application."

The Tribunal dismissed the homeowner's application because he had not complied with Section 17(3) of the PF Act, specifically regarding prior written notification of the breach to the property factor.

"The First-tier Tribunal for Scotland (Housing and Property Chamber) (“the Tribunal”) having determined that the Homeowne had not complied with Section 17(3) of the PF Act dismissed the Application."

The homeowner alleged the property factor breached the Code of Conduct. The tribunal found no breaches and dismissed the application.

"The First-tier Tribunal for Scotland Housing and Property Chamber determined that the property factors have not failed to comply with OSP2, OSP6 or Section 3.2 of the Property Factors Code of Conduct effective from 16 August 2021 and have not failed to comply with the property factor’s duties."

The tribunal found the factor breached its duties regarding how it sought consent for works and issued a PFEO for £150 compensation. The factor later complied with the order.

"The Property Factor is required, within 30 days of the making of this Property Factor Enforcement Order, to make payment of the sum of £150.00 from their own funds to compensate the Homeowner for the frustration and inconvenience caused as a result of the Property Factor’s failure to carry out its property factor duties.’"

The tribunal found that Newton Property Management Limited breached the Code of Conduct, section 3.2, for lack of clarity and transparency in processes for managing invoicing errors. A PFEO was proposed, then issued, and Newton complied with the PFEO.

"The First-tier Tribunal (Housing and Property Chamber) (“the tribunal”) decided in terms of Section 23(1) of the 2011 Act that that the Property Factor has complied with the terms of the Property Factor Enforcement Order (“PFEO”) dated 23 June 2025."

The tribunal found Newton Property Management failed to comply with OSP 11 by not responding to a complaint within the required timeframe. However, the Tribunal decided not to issue a Property Factor Enforcement Order (PFEO).

"The Tribunal does not propose to make a PFEO in the circumstances."

The tribunal found a breach of the Property Factor's duties related to the complaints resolution procedure but decided against issuing a Property Factor Enforcement Order.

"The Tribunal determined not to make a Property Factor Enforcement Order (PFEO)"

The tribunal found the factor breached the code by not providing sufficient notice of fee increases. A PFEO was issued, requiring the factor to refund the fee increase, and the factor complied.

"The Tribunal makes the following PFEO: No later than 4 weeks from 28 February 2025 the Property Factor must: 1. Refund the Applicant the increase in the management fees from 1 March 2024 to 30 November 2024."

The tribunal found the factor breached the Code of Conduct by providing misleading information in a Trustpilot review and failing to deal with the lock issues in a timely way. The tribunal issued a PFEO requiring the factor to remove or correct the review, provide training, and pay compensation.

"The Tribunal hereby makes the following PFEO: The Property Factor is required to carry out the following within 21 days of issue of the PFEO: "

The tribunal found that the property factor had not breached the code of conduct, therefore the application was dismissed.

"Has not failed to comply with Section 14 duty in terms of the Act in respect of compliance with the Property Factor Code of Conduct 2021“,"

The tribunal found the factor had breached the Code of Conduct by failing to retain copies of correspondence. A PFEO was issued, requiring payment of compensation and the provision of a document; the factor complied with the order.

"The tribunal therefore determines to make a property factor enforcement order (PFEO) in terms of section 19 of the 2011 Act in the terms previously proposed in its original decision dated 8 January 2024."

The homeowner alleged breaches of the Code of Conduct. The tribunal found no breaches and dismissed the application, making no further orders.

"The tribunal has therefore decided to make no further order in respect of this application and the application is dismissed."

The tribunal found that the property factor had not breached the Code of Conduct and dismissed the homeowner's application.

"Accordingly, the tribunal has determined that there are no breaches of the current Code of Conduct, and the tribunal will make no further order in respect of this application."

The homeowner alleged the property factor failed to comply with the code of conduct regarding the cleaning products used, but the Tribunal determined no breach had occurred and dismissed the application.

"The Tribunal determines that the Property Factor has not failed to comply with OSP 1, 5 and section 2.5 of the 2021 Code."

The homeowner alleged the property factor failed to comply with OSP 6 regarding cleaning the bin store. The Tribunal found no breach of the code of conduct and dismissed the application.

"The Tribunal determines that the Property Factor has not failed to comply with OSP 6 of the 2021 Code."

The Tribunal rejected the homeowner's application because the homeowner did not provide the required documents and information, as per the rules.

"The Homeowner has failed to provide the information and documents required by Rule 43 of the Rules and Section 17 of the 2011 Act."

The Tribunal rejected the Homeowner's application because she failed to provide the necessary information and documentation, as required by the rules and the 2011 Act.

"The basis of the decision is that the Applicant has failed to comply with Rule 5 and Rule 43 and Section 17 of the 2011 Act."

The Tribunal rejected the homeowner's application because the homeowner failed to provide the necessary information and documents, as required by the rules and the Act.

"The Legal Member therefore determines that the application cannot be accepted. The application is rejected on that basis."

The tribunal found the property factor failed to comply with the Code of Conduct and made a PFEO, ordering them to pay the homeowner £750 in compensation. The factor then complied with the order by crediting the sum to the homeowner's account.

"The tribunal determined that, in respect of the breaches of the Codes and the failure to comply with property factor’s duties, it should make a property factor enforcement order requiring the Property Factor to pay the sum of £750 of compensation to the Homeowner."

The Homeowner made an application complaining of breaches of the Code of Conduct. The Tribunal considered the evidence and found that the Property Factor had not breached the Code of Conduct and dismissed the application.

"The Tribunal determined that the Property Factor: - (i) has not failed to comply with the Section 14 duty in terms of the Act in respect of compliance with the Property Factor Code of Conduct 2012 (“the 2012 Code”) at Section 2.1, Section 3 and Section 6.1"

The Tribunal found Newton Property Management Limited in breach of Section 2.7 of the 2021 Code of Conduct and proposed to make a Property Factor Enforcement Order, requiring them to pay the homeowner compensation.

"The Tribunal proposes to make the following Property Factor Enforcement Order (“PFEO”):“Within one month of the communication to the property factors of the PFEO, the property factors shall pay to the homeowner the sum of £500 by way of compensation for inconvenience and distress.”"

The tribunal found that the factor breached the code, but a formal PFEO was not needed as the factor complied with the proposed PFEO terms by paying the homeowner the appropriate compensation.

"The Tribunal determined that the Property Factor having carried out the actions required by the Tribunal’s proposed Property Factor Enforcement Order (“PFEO”), there was no need to make the PFEO."

The Tribunal found the factor had breached the Code of Conduct and proposed a PFEO. The factor complied with the proposed order before the PFEO was formally issued, so the Tribunal did not make a PFEO.

"The Tribunal determined that the Property Factor having carried out the actions required by the Tribunal’s proposed Property Factor Enforcement Order (“PFEO”), there was no need to make the PFEO."

The tribunal found the factor breached the code of conduct and failed to carry out their duties, and proposed a PFEO. The tribunal ordered the factor to pay the applicant £642.95 and £100 for distress and inconvenience.

"The tribunal therefore intend to make the following property factor enforcement order (PFEO)"

The Tribunal rejected the application due to the applicant's failure to provide necessary information, specifically evidence of notification to the factor, exhaustion of the factor's complaints procedure, and a letter of authority for the representative.

"The Tribunal rejects the application by the applicant dated 14th June 2021, being an application under section 17(1) of the Property Factors (Scotland) Act 2011."

The Tribunal rejected the homeowner's application because they failed to provide necessary documentation as per the rules and the 2011 Act.

"The Legal Member therefore determines that the application cannot be accepted. The application is rejected on that basis."