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47
Total Cases
18
PFEOs Issued
£3,600
Compensation
FTS/HPC/PF/25/0097
19 Aug 2025
Decision Issued

The homeowner complained about delayed roof repairs and communication issues. The tribunal found the property factor had not failed to comply with the code of conduct and dismissed the application.

FTS/HPC/PF/25/1001
15 Aug 2025
Dismissed

The homeowner alleged the factor's communication about a stonework repair project was misleading, causing him to miss out on grant funding. The tribunal found the factor's communication clear and the homeowner's failure to apply for the grant was his own fault, dismissing the complaint.

"The homeowner appears to have taken no advice on his responsibilities as a homeowner and in particular the burdens place upon him as a homeowner to contribute to the common maintenance of the building where his flat is situated."
FTS/HPC/LM/24/1625
14 Mar 2025
Dismissed

The homeowner filed a complaint against the factor, but failed to attend two scheduled case management discussions. The tribunal dismissed the case because the homeowner did not cooperate.

FTS/HPC/PF/24/2699
12 Mar 2025
PFEO Complied

The homeowner complained about the property factor's breaches of the Code, resulting in a Property Factor Enforcement Order (PFEO). The tribunal found the factor had complied with the PFEO and ordered them to pay the homeowner £250.

"The Property Factor is ordered to pay the Homeowner the sum of £250 from its own funds in respect of her time and efforts, and the distress, worry and inconvenience caused to the Homeowner as a consequence of the Property Factor’s breaches of the Code."
FTS/HPC/PF/23/4336
30 Oct 2024
PFEO Failure to Comply

The homeowner complained that the factor gave incorrect advice about a neighbor's video doorbell installation and made an error in a letter. The tribunal found the factor breached the code of conduct by including an inaccurate reference from the title deeds but did not issue an enforcement order.

"The Tribunal determine that the Factor had breached section 2.1 of the 2012 Code of Conduct in relation to this part of his complaint."
FTS/HPC/PF/24/1678
19 Sep 2024
PFEO Failure to Comply

The homeowner complained about the property factor's failure to comply with the Property Factor Code of Conduct. The tribunal found the factor in breach and ordered them to pay £100 in compensation.

"The property factors’ failure to comply with OSP11 and Section 2.7 of the Property Factor Code of Conduct effective from 16 August 2021 and their failure to comply with the property factor’s duties."
FTS/HPC/PF/23/2040
12 Jun 2024
Decision Issued

The homeowner complained about the property factor's failure to comply with their duties. The tribunal found the complaint was valid and initially proposed a compensation order, but the factor paid the compensation before the order was issued.

FTS/HPC/LM/23/2043
18 Dec 2023
PFEO Decision Issued

The homeowner complained that the property factor failed to properly seek consent for additional planting, violating the Code of Conduct. The tribunal agreed, finding the factor's approach to homeowner responses inconsistent and ordered compensation.

"The Tribunal determined that the approaches to non-replies in the property factors’ letters of 17 November 2022 and 30 March 2023 were completely mutually contradictory."
FTS/HPC/PF/21/0559-FTS/HPC/PF/22/2067
21 Feb 2023
PFEO PFEO Issued - Non-Compliant

The homeowner complained about the property factor's communication, financial transparency, and failure to provide requested information. The tribunal found the factor had failed to meet its obligations regarding communication and providing information, but declined to issue a Property Factor Enforcement Order due to the homeowner's non-payment of fees.

"The tribunal finds that the factors failed to comply with the timescales in their WSS for responses to communications from the homeowner."
FTS/HPC/PF/21/1576
13 Feb 2023
Decision Issued

The homeowner complained about the property factor's failures to meet their duties. The tribunal found the homeowner failed to attend hearings and dismissed the application.

FTS/HPC/PF/22/1207
24 Jan 2023
Decision Issued

The homeowner complained about the property factor's management of common areas and alleged breaches of the Code of Conduct. The tribunal found the factor had complied with the Code and its duties, dismissing the homeowner's application.

"The tribunal considered it somewhat strange that the Applicant considered that it was reasonable for him to agitate for the standards of maintenance of the common areas to be improved whilst at the same time not being required to pay anything for the services provided because he considered that he did not have a contractual obligation to do so."
FTS/HPC/PF/22/0862
07 Nov 2022
Rejected

The homeowner's application was rejected because they failed to provide the necessary information and documentation, as required by the rules and the 2011 Act, despite being asked to do so by the tribunal.

"The Homeowner has failed to provide the information and documents required by Rule 43 of the Rules and Section 17 of the 2011 Act."
FTS/HPC/LM/22/2686
23 Sep 2022
Rejected

The homeowner's application was rejected because the tribunal determined the homeowner was not a homeowner as defined by the Act, as the land in question was not available for their use. No orders were made.

FTS/HPC/PF/21/0244
19 Apr 2022
PFEO Complied

The homeowner complained about the factor's failure to provide a clear statement about service delivery and charges. The tribunal found the factor had complied with the Property Factor Enforcement Order and issued a Certificate of Compliance.

"Speirs Gumley must provide the Homeowner with a clear statement of how service delivery and charges will be affected if one or more homeowner does not fulfil their obligations."
FTS/HPC/PF/20/0931
05 Apr 2022
PFEO PFEO Proposed

The homeowner was initially granted a Property Factor Enforcement Order (PFEO) for £300. However, the homeowner declined the payment, and the tribunal revoked the PFEO.

FTS/HPC/PF/21/2566
16 Mar 2022
PFEO Complied

The homeowner complained, and the tribunal found the property factor had initially failed to comply with a previous order. The tribunal determined the factor had since complied and the homeowner received compensation.

"The Respondent is to pay compensation of £800 to the Applicant within twenty -eight days of service of the Property Factor Enforcement Order."
FTS/HPC/LM/21/1767
21 Feb 2022
PFEO Complied

The homeowner complained that the property factor had not fully complied with a previous Property Factor Enforcement Order (PFEO). The tribunal found that the factor had provided all available documentation and therefore had complied with the order.

"In terms of the tree works, we have provided you with all the records which we hold, as the rest of the engagement in relation to these works was either by phone or face to face on site with Technical Tree Services."
FTS/HPC/PF/20/2149
30 Apr 2021
Decision Issued

The homeowner complained about the property factor's failure to call an owners meeting, procurement of a survey, intimidation, and failure to respond to communications. The tribunal found the factor had not breached its duties and dismissed the complaint.

FTS/HPC/PF/19/4090
14 Apr 2021
Decision Issued

The homeowner complained about the property factor's handling of insurance, electricity charges, and key fobs. The tribunal found the factor acted reasonably in all instances and dismissed the homeowner's application, but ordered the factor to pay expenses for failing to attend a hearing.

FTS/HPC/PF/20/0067
14 Apr 2021
Decision Issued

The homeowner complained about the property factor's handling of insurance, electricity charges, and key fobs. The tribunal found the factor acted reasonably in all instances and dismissed the homeowner's application.

FTS/HPC/PF/20/1889
18 Mar 2021
Dismissed

The property factor's application was dismissed because they failed to respond to the tribunal's communications and did not provide any information to support their case. The tribunal decided not to review its original decision.

"The Tribunal made their Decision, dated 4th March 2021, as they had not received any contact from the Applicant since the Application was submitted on 26th October 2020."
FTS/HPC/PF/20/1503
17 Dec 2020
PFEO Complied

The homeowner complained that the factor failed to carry out their duties. The tribunal found the factor in breach and ordered them to pay £150 compensation for distress. The factor complied with the order.

"The Factor is required to pay to the Homeowner within 21 days of intimation to them of the PFEO the sum of £150 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."
FTS/HPC/PF/20/0085
30 Sep 2020
Decision Issued

The homeowner's complaint that the property factor mismanaged roof repairs and the complaints process was dismissed. The tribunal found the factor acted reasonably and followed proper procedures.

FTS/HPC/PF/19/4092 + 19
16 Sep 2020
Decision Issued

The homeowner complained that the property factor failed to call meetings, used confusing correspondence, and pursued a debt improperly. The tribunal found the factor had not breached the code of conduct or failed in their duties, dismissing the homeowner's application.

"The Tribunal is satisfied that the issue of whether he, as an owner, is entitled to convene a meeting has already been determined and cannot be re-visited."
FTS/HPC/PF/19/4097
16 Sep 2020
Unknown

The homeowner's application was dismissed because they failed to properly notify the property factor of their complaint, as required by law.

FTS/HPC/PF/20/0202
09 Sep 2020
PFEO Failure to Comply

The homeowner complained, and the tribunal found the property factor had not initially complied with the order to pay compensation. The tribunal determined the factor had since complied and the order was fulfilled.

FTS/HPC/PF/19/0322
16 Dec 2019
PFEO Failure to Comply

The homeowner complained about the property factor's failure to comply with their duties. The tribunal found the factor had failed in their duties and ordered them to issue an apology, pay compensation, and prepare a works program.

"The property factor failed to comply with its duties under sections 2.5 and 5.5 of the code of conduct."
FTS/HPC/PF/19/2144
03 Oct 2019
PFEO Failure to Comply

The homeowner complained about the property factor's failure to meet their duties. The tribunal found the factor had breached their duties and initially ordered compensation. After review, a new order for £350 compensation was issued, which the factor then paid.

FTS/HPC/PF/19/0375
05 Aug 2019
Rejected

The homeowner's application was rejected because they failed to provide evidence of notifying the property factor of their complaints, as requested by the tribunal.

FTS/HPC/PF/18/2565
24 Apr 2019
Decision Issued

The homeowner's application was dismissed because she had not notified the factor in writing about her complaint before applying to the tribunal, as required by law. The tribunal found it had no jurisdiction to consider the case.

"The tribunal explained to the Homeowner and the Homeowner's Representative that as compliance with the requirements of Section 17 (3) (a) of the Act is absolute, the tribunal has no jurisdiction and so must dismiss the Application in terms of Rule 27 of the Rules."
FTS/HPC/PF/18/0601
24 Oct 2018
Decision Issued

The homeowner complained about the property factor's failure to comply with the Code of Conduct. The tribunal found the factor had breached the code and issued a direction.

FTS/HPC/PF/17/0366
13 Aug 2018
Decision Issued

The homeowner complained about the lift in their building. The tribunal found the property factor had not failed in their duties, despite delays in repairs, and the homeowner was responsible for the costs.

"The Tribunal did however think that the Sellers letter sent by the Respondent to the Applicant's solicitor might have been clearer in its terms as an expenditure of some £50000.00 at the Development might well be considered to be major."
FTS/HPC/PF/17/0391
14 May 2018
PFEO Failure to Comply

The homeowner complained about the property factor's failure to comply with the Code of Conduct. The tribunal found in favor of the homeowner and ordered the factor to pay £200 compensation.

"The property factor failed to comply with Section 6.9 of the Property Factors (Scotland) Act 2011 Code of Conduct for Property Factors."
FTS/HPC/PF/17/0368
08 Feb 2018
Rejected

The homeowners' application was rejected because they did not respond to requests for information, leading the tribunal to conclude the dispute was resolved.

"The homeowners did not respond to requests for information."
FTS/HPC/PF/17/0406
30 Jan 2018
Decision Issued

The homeowner complained about misleading information, delays, and inadequate service. The tribunal found the factor had not failed to comply with the Code of Conduct and dismissed the complaint.

"The Tribunal considered that Mr Tammaro may have misunderstood the position, on having been advised that the cost of calling out the plumber and identifying the source of the leak was to be common."
FTS/HPC/PF/17/0393
19 Jan 2018
Decision Issued

The homeowner complained about the property factor's handling of an insurance valuation. The tribunal found the factor had not breached the code of conduct, despite some delays, and the homeowner's premium increase was due to a valuation increase. The tribunal dismissed the complaint.

"The Respondent was acting as Agents on behalf of the owners of the Development and were not responsible for the actions by Wiseman."
FTS/HPC/PF/17/0059
22 Jun 2017
PFEO Failure to Comply

The homeowner complained about the property factor charging for balcony repairs that were not common property. The tribunal found the factor had exceeded its authority and failed to clarify the charges, and issued a Property Factor Enforcement Order.

"The Respondent was incorrect in concluding that the balconies formed a common part of the block and therefore exceeded its authority in instructing common repairs in respect of the balconies and levying a share of the cost upon the Applicant."
HOHP/PF/16/0124
07 Feb 2017
Unknown

The homeowner complained that the factor failed to follow procedures when revaluing the property and increasing insurance premiums. The tribunal found the factor had not failed in its duties, as the homeowner's complaints were not upheld.

"The Tribunal considers that the Factors are largely responsible for the fact that the Homeowner did not strictly follow their complaints procedure."
hohp.pf.16.0088
09 Nov 2016
PFEO PFEO Proposed

The homeowner complained, and the tribunal found the factor had already credited the homeowner's account with the compensation. The tribunal decided not to issue a Property Factor Enforcement Order.

"The property factor is to pay the sum of £300 to the homeowner in respect of compensation and such compensation is to be credited to the account for service charges."
HOHP/PF/16/0008
27 May 2016
Decision Issued

The homeowner complained about the property factors' handling of insurance revaluations and the failure to inform homeowners of the frequency of revaluations. The tribunal found the factors had breached the code by not informing homeowners of revaluation frequency, but the factors had since changed their practice. No order was made.

"The presiding Sheriff had commented that the way in which the property factors arranged the common insurance policy was not in keeping with the terms of the Deed of Conditions."
HOHP/PF/14/0091
30 Jun 2015
Decision Issued

The homeowner complained about the property factor's handling of roof repairs. The tribunal found the factor had complied with their duties and the Code of Conduct, dismissing the complaint.

"The committee is satisfied the respondent has complied with all of their duties including those set out within the Code of Conduct."
HOHP/PF/15/0018
01 Jun 2015
Decision Issued

The homeowner complained that the factor failed to disclose potential roof repairs during a property sale. The tribunal found the factor was not obligated to disclose the information as the works were only in contemplation, not instructed, and dismissed the complaint.

"The Factor stated: "We are not prepared to comment on any repairs which may be in contemplation by the owners.""
HOHP/PF/14/0201
08 May 2015
PFEO Complied

The homeowner complained about the factor's failure to comply with their duties. The tribunal found the factor had not complied and ordered them to pay £200 compensation.

"'The factor must pay the homeowner £200 for the inconvenience he had suffered from their own funds and at no cost to the owners.'"
HOHP/LM/13/0121
29 Apr 2014
Decision Issued

The homeowner complained about the property factor's failure to maintain the landscape. The tribunal found the factor had not failed in their duties and dismissed the application.

"The Committee took the view that the duties under the Code did not apply."
HOHP/PF/13/0194
29 Apr 2014
Decision Issued

The homeowner complained about the property factor's failure to maintain the landscape. The tribunal found the factor had not failed in their duties and dismissed the application.

"Speirs Gumley's highest possible standards clearly fall short of their own specification."
HOHP/PF/13/0046
03 Jul 2013
PFEO Complied

The homeowner had a charge of £68 removed from their account after a Property Factor Enforcement Order was issued. The tribunal found the factor had complied with the order and granted a Certificate of Compliance.

FTS/HPC/PF/22/0575
Unknown
Rejected

The homeowner's application was rejected because they failed to provide sufficient information about the alleged breaches of the property factor's duties and the Code of Conduct, despite multiple requests from the tribunal.

"The letter does not provide sufficient notification in terms of Section 17(3) of the 2011 Act. It does not state why you consider that the property factor has failed to comply with the Code and property factor’s duties."