Tribunal Record

The tribunal found a breach of the Code of Conduct regarding complaint handling timescales but dismissed the applications and did not issue a PFEO because the breach was minor.

"The Tribunal considers that in the whole circumstances of the case this is a rather minor matter. Accordingly, the Tribunal does not consider that making any Property Factor Enforcement Order would be appropriate."

The homeowner alleged breaches of the Code of Conduct. The tribunal found the property factor had complied with the relevant sections of the Code and dismissed the application, making no order.

"The Tribunal determined that the Respondent has complied with the duty under section 14 of the 2011 Act, and in particular has complied with sections 7.1 and 7.5 of the Code of Conduct for Property Factors 2021."

The tribunal found breaches of the Code of Conduct and issued a PFEO requiring the factor to pay compensation and provide documentation. The factor complied with the order.

"The Property Factor Enforcement Order dated 22nd July 2024 has been complied with."

The tribunal found that Trinity Factoring Services Ltd breached the code of conduct and ordered them to calculate and reissue statements of account and invoices for 5 years and to pay £1,000.00 in compensation.

"We will instruct the Property Factor to calculate and reissue statements of account and invoices for 5 years to the date of the Order."

The tribunal refused the applications because Trinity Factoring Services Limited was not the property factor for the garage in question.

"In the circumstances, and as Trinity are not factors for the above garage Property, the Applications must be refused."

The tribunal rejected the application because the applicant failed to provide sufficient evidence of notifying the property factor of the alleged breaches of the Code of Conduct.

"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 found that the Property Factor had failed to comply with paragraph OSP2 of the Code of Conduct. They issued a PFEO requiring the factor to pay the homeowner £250, which was complied with.

"The Property Factor is required to pay to the Homeowner within 14 days of intimation to them of the PFEO the sum of £250 from their own funds to compensate the Homeowner for the distress, frustration and inconvenience caused as a result of the Property Factor’s failure to comply with the Code of Conduct for Property Factors”,"

The tribunal reviewed the homeowner's complaints regarding the property factor and determined that the property factor had not breached the Code of Conduct, dismissing the application.

"The First-tier Tribunal for Scotland (Housing and Property Chamber) (“the Tribunal”) determined that the Property Factor has not failed to comply with the Section 14 duty in terms of the Act in respect of compliance with the Property Factor Code of Conduct 2021"

The Tribunal dismissed the homeowner's application, finding that the property factor had not failed to carry out its duties or breached the Code of Conduct.

"The Respondent has not failed to carry out its property factor’s duties."

The tribunal rejected the homeowner's application because the homeowner did not provide the required documentation and information.

"The Homeowner has failed to provide the information and documents required by Rule 43 of the Rules and Section 17 of the 2011 Act."

The tribunal issued a PFEO ordering the factor to institute procedures to ensure timely responses and proper complaint handling. The tribunal later determined the factor had complied with the order.

"The Tribunal hereby determines that the Property Factor Enforcement Order has been complied with."

The homeowner alleged the factor failed to comply with the Code of Conduct. The Tribunal reviewed the application and determined that the factor had not breached the Code or its duties, dismissing the application.

"The Tribunal unanimously determined that there is no evidence that the property factor has failed to comply with sections 6.1, 6.3, 6.6 or 6.9 of the Code of Conduct for Property Factors (“the Code”) as required by section 14 (5) of the Act."

The tribunal rejected the application because the applicant did not provide required information.

"The Tribunal rejects the application by the applicant dated 21st March 2021 being an application under section 17(1) of the Property Factors (Scotland) Act 2011."