Tribunal Record

The homeowner alleged the property factor breached the Code of Conduct. The Tribunal determined the application without a hearing, finding that the property factor had not breached the Code and dismissed the application.

"The First-tier Tribunal for Scotland Housing and Property Chamber decided that the application could be determined without a Hearing and that the property factors have not failed to comply with OSP6, OSP11 or Sections 2.7, 6.1, 6.4 and 6.12 of the Property Factors Code of Conduct effective from 16 August 2021."

The homeowner alleged the factor failed to comply with the Code of Conduct regarding communication and repairs related to a stonework project. The tribunal found the factor's communication clear and unambiguous, and the homeowner failed to apply for a grant, dismissing the application.

"The tribunal having considered the evidence presented in the application, in the written submission from the property factor and in the oral evidence presented by the homeowner at the hearing take the view that the homeowner has not established that the property factor has failed to comply with the Code of Conduct"

The homeowner's application was dismissed due to their failure to attend scheduled case management discussions.

"As the Homeowner failed to attend the scheduled CMD’s on two occasions the Tribunal dismissed the proceedings in terms of Procedure Rule 17(2)(b) as the Homeowner had failed to cooperate with the Tribunal by failing to attend the two scheduled CMD’s and the Tribunal could not deal with proceedings justly and fairly."

The homeowner alleged the factor breached the code of conduct regarding a vote on common charges. An Evidential Hearing was held. The Tribunal was considering a PFEO, and a Direction was issued.

"Following the CMD, the Tribunal issued a CMD Note detailing the discussions which had taken place, together with a Direction to parties."

The Tribunal found the factor in breach of the Code of Conduct for an inaccurate reference in a letter, but did not issue a PFEO because the error was corrected.

"The Tribunal determined that it was not appropriate to make a Property Factor Enforcement Order in relation to this matter."

The tribunal found the property factor in breach of OSP11 and Section 2.7 of the Code of Conduct for failing to respond to enquiries and complaints within reasonable timescales, and proposed a Property Factor Enforcement Order that included 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 £100 by way of compensation for 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."

The tribunal found the factor in breach of the Code of Conduct and proposed a PFEO, but the factor paid the homeowner compensation before the order was made, so no order was issued.

"The Tribunal upheld the homeowner’s complaint that the property factors had failed to comply with their duties in terms of Section 6.1 of the Property Factors Code of Conduct effective from 1 October 2012 and had failed to comply with the property factor’s duties."

The tribunal found the factor breached the code and proposed a PFEO. Before the order was finalized, the factor paid the compensation, and the tribunal decided not to issue the PFEO.

"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."

The tribunal found the factor in breach of the Code of Conduct but decided not to issue a Property Factor Enforcement Order at this stage.

"At present the tribunal is of the view that no PFEO should be made."

The Tribunal dismissed the homeowner's application because she did not attend the hearings. No breaches of the Code were found.

"The First-tier Tribunal for Scotland (Housing and Property Chamber) ("Tribunal") unanimously determined to dismiss the Application."

The homeowner alleged breaches of the Code of Conduct. The Tribunal reviewed the case and found the property factor had complied with the Code, dismissing the 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 homeowner's application because they failed to provide necessary information and documentation as required by the rules.

"The application is rejected on that basis."

The Tribunal rejected the application because the applicant did not have access to the ground in dispute and therefore was not a homeowner as defined by the Act.

"Accordingly the Tribunal have good reason to believe that it would not be appropriate to accept the application and reject the application in terms of rule 8 (1)(c) of the Tribunal Rules."

The Tribunal rejected the homeowner's application because the homeowner failed to provide the necessary information regarding breaches of the Code.

"The Tribunal rejects the application by the applicant"

The Tribunal issued a PFEO, and the Factor complied with the order, resulting in the Tribunal issuing a Certificate of Compliance.

"The Tribunal having determined that the PFEO dated 27th July 2022 (‘PFEO’) relating to the Property has been complied with, certifies that the Factor has complied with the PFEO."

The Tribunal found the factor failed to comply with the Code by providing incorrect information. The Tribunal proposed and later issued a PFEO for the factor to pay compensation, and the factor subsequently complied with it.

"The tribunal proposes that a Property Factor Enforcement Order be made requiring the Respondent to pay the sum of £800 to the Applicant."

The tribunal found the factor had breached the Code and made a PFEO, requiring the factor to pay compensation and provide records. The factor complied with the PFEO.

"The tribunal determines that the PFEO had been complied with."