Tribunal Record

The Tribunal found the Factor breached the Code of Conduct for not instructing emergency repairs in a timely manner. They also found a breach of section 6.1 of the Code of Conduct.

"Consequently, the Tribunal determine that the Factor has breached OSP6 of the 2021 Code of Conduct in relation to the emergency repairs required to the communal roof referred to in the Homeowner’s application."

The Tribunal found Redpath Bruce Property Management in breach of the Code of Conduct and issued a PFEO requiring them to pay the homeowner £500.

"The Tribunal determined that the Factor had failed to comply with sections 6.1 and 6.4 of the Code of Conduct"

The Tribunal determined that the Factor breached the Code of Conduct by failing to respond to a complaint. The Tribunal did not issue a PFEO, noting the factor's apology and offer to waive management fees.

"The Tribunal whilst determining that the Factor is in breach of Sections OSP11 and 2.7 of the Code and on the understanding that the Factor will waive 6 month’s management fees does not consider it necessary to make a Property Factor Enforcement Order."

The tribunal found that the property factor, Redpath Bruce, had complied with the Code of Conduct and property factor duties and dismissed the homeowner's application.

"In relation to the application before it, the tribunal determined that the Respondent had complied with the Code and the property factor’s duties."

The Tribunal rejected the application because the applicant did not provide required information and documents, failing to meet procedural requirements under the relevant legislation and rules.

"The basis of the decision is that the Applicant has failed to comply with Rule 5 and Rule 95 and Section 48 of the 2014 Act."

The tribunal dismissed the homeowner's application because neither the homeowner nor the factor were involved with the property anymore. The homeowner had already received compensation.

"The tribunal decided to dismiss the application."

The tribunal rejected the application because the applicant failed to provide requested information and demonstrate she was a homeowner.

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

The homeowner and property factor reached a settlement. The factor complied with the settlement terms and the homeowner did not attend the continued hearing, so the Tribunal dismissed the application.

"The Tribunal dismissed the Homeowner’s application for want of insistence and in consequence of the Property Factor’s compliance with the terms of the settlement agreed by the Property Factor with the Homeowner."

The homeowner alleged breaches of the Code of Conduct by the property factor. The tribunal found that the property factor had complied with the Code and the property factor's duties, dismissing the application.

"The tribunal determined that, in respect of the application before it, the Respondent had complied with the Code and the property factor’s duties."

The homeowner alleged the factor provided misleading information about building insurance costs. The tribunal found the factor did not breach the Code of Conduct as the information originated from the developer, and dismissed the application.

"the Tribunal concluded that the information was in fact provided to the Applicant by City and Country, and the onus would therefore have been on City and Country to ensure any information provided to prospective buyers was accurate and up to date."

The Tribunal found breaches of the Code of Conduct. They initially proposed a PFEO for the factor to pay compensation, but withdrew it when the factor complied with the proposed order before it was formally made.

"The Tribunal decides not to issue a Property Factor Enforcement Order."

The tribunal found that the property factor breached the code of conduct and failed in its duties. The tribunal proposed a Property Factor Enforcement Order.

"The failure in duties and the breach of the code of conduct formed part of a pattern of behaviour which merits a Property Factor Enforcement Order (“PFEO”)."

The tribunal found multiple breaches of the Code of Conduct and issued a Property Factor Enforcement Order (PFEO). The PFEO was withdrawn because the factor had already complied with it before it was issued.

"The failure in duties and the breach of the code of conduct formed part of a pattern of behaviour which merits a Property Factor Enforcement Order (“PFEO”)."