Tribunal Record

The tribunal found River Clyde Homes in breach of the Code of Conduct for poor communication regarding a flat numbering issue but did not issue a Property Factor Enforcement Order.

"The Tribunal determined that the Property Factor has failed to comply with the Section 14 duty in terms of the Act in respect of compliance with Section 2.1 of the Property Factor Code of Conduct 2021 (“the Code”) but would not make a Property Factor Enforcement Order."

The Tribunal found Riverclyde Homes breached the Code of Conduct and ordered them to pay the homeowner £100. The factor complied with the order.

"The Factor must pay the homeowner £100 for the inconvenience she had suffered from their own funds and at no cost to the owners."

The Tribunal rejected the homeowner's application because she failed to provide the required written statement of services.

"The application is rejected on that basis."

The Tribunal rejected the homeowner's application because she failed to provide the necessary documentation, specifically the Written Statement of Services, as required by the rules.

"The application is rejected on that basis."

The Tribunal dismissed the homeowner's application, stating that the complaints had either been addressed in previous decisions or related to issues outside the applicable Code of Conduct timeframe.

"The Tribunal determined that the application should be dismissed."

The Tribunal dismissed the homeowner's application because the homeowner had not properly notified the property factor of the issues before making the application.

"The Tribunal determined that the application should be dismissed."

The Tribunal rejected the homeowner's application because the homeowner failed to provide required information and documentation.

"The application is rejected on that basis."

The Tribunal found that the Property Factor had not breached the 2012 Code of Conduct and dismissed the homeowner's application.

"The Property Factor has not failed to comply with its duties under section 14(5) of the Property Factors (Scotland) Act 2011 Act in that it did not fail to comply with the 2012 Code of Conduct for Property Factors and did not fail to carry out its property factor duties."

The tribunal determined the factor failed its duties regarding roof repairs, causing distress. A PFEO was made requiring the factor to pay the homeowner compensation.

"The Factor is required to pay to the Homeowner within 14 days of intimation to them of the PFEO the sum of £1700 from their own funds to compensate the Homeowner for the distress, frustration and inconvenience caused as a result of the Factor’s failure to carry out its property factor duties."

The Tribunal found breaches of the Code of Conduct and issued a Property Factor Enforcement Order, which the Tribunal later certified the factor had complied with.

"The Tribunal, having determined that the PFEO dated 15 February 2022 relating to the property has been complied with, certifies that the Property Factor has complied with the PFEO."

The homeowner alleged the factor breached the Code of Conduct, but the Tribunal found that the factor had not breached the Code or their duties, and dismissed the homeowner's application.

"The Tribunal determines that the Factor has not failed to comply with to comply with sections 2.1, 2.2 and 6.4 of the Code of Conduct and also has not failed to comply with the Property Factor duties specified in the application."

The homeowner alleged breaches of the Code of Conduct. The Tribunal reviewed the evidence and determined that the property factor had not breached the Code and dismissed the application.

"The Tribunal decided that the property factors have not failed to comply with their duties in terms of Section 2.5, 6.1 and 6.9 of the Code of Conduct for Property Factors"

The Tribunal found the factor in breach of the Code of Conduct, and initially proposed a PFEO. However, the factor then amended its Written Statement of Services to comply, and so the order was not issued.

"The Tribunal therefore proposes to make a Property Factor Enforcement Order as detailed in the accompanying Notice made under Section 19(2)(a) of the Act."