Tribunal Record

The tribunal rejected the homeowner's application because the homeowner did not provide the required documentation, specifically evidence of notifying the factor about their concerns.

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

The tribunal reviewed the homeowner's complaints and found the factor had complied with the Code of Conduct, dismissing the application.

"The Tribunal unanimously determined that the respondent has complied with the Code of Conduct for Property Factors (“the Code”) and their property factor duties."

The Tribunal found Bield Housing and Care had failed to comply with sections 2.5, 3.1 and 3.2 of the Code of Conduct. They issued a Property Factor Enforcement Order which was for compensation to each of the homeowners, and Bield complied with it.

"The Factor must pay each of the Homeowner Applicants £300 for the inconvenience they have suffered from their own funds and at no cost to the owners. The said sums to be paid within 28 days of the communication to the Factor of the Property Factor Enforcement Order."

The tribunal found that the factor had complied with the Code of Conduct and dismissed the homeowner's application, concluding that there had been no breach of the Code or of the factor's duties.

"The First-tier Tribunal for Scotland (Housing and Property Chamber) ("Tribunal") unanimously determined that the Factor has complied with the Code of Conduct for Property Factors as required by section 14 of the 2011 Act and has complied with the property factor’s duties."