Tribunal Record

The tribunal dismissed the application because neither the homeowner nor the factor attended the hearing, and the financial issues appeared to be resolved.

"As the application had been continued to allow the parties to negotiate an agreement and as it appeared from the Applicant’s representative’s email of 19 May 2023 that at least the financial issues had been resolved it appeared to the Tribunal that given the non-appearance by either party at the hearing it would not be an appropriate use of public funds to continue the application and accordingly dismissed it for want of insistence."

The Tribunal found the factor in breach of the Code of Conduct and ordered them to pay the homeowner £1,500 in compensation. A PFEO was issued.

"Within 28 days of intimation of the PFEO, the Property Factor must make payment to the Homeowner of the sum of £1,500.00 in respect of the Property Factor’s failure to comply with sections 1, 2.5, 3.3, 4.1, 4.3, 6.1, 6.9 and 7.1 of the Code of Conduct for Property Factors"

The tribunal found that the factor had failed to comply with the Property Factor Enforcement Order. The tribunal proposed to issue an Order for Payment.

"The Tribunal determines that the Factor has failed to comply with the Property Factor Enforcement Order imposed by it in respect of the Property and dated 18 November 2021(“PFEO”)."

The Tribunal rejected the homeowner's application because the homeowner did not provide necessary documentation as requested.

"The basis of the decision is that the Applicant has failed to comply with Rule 5 and Rule 43 and Section 17 of the 2011 Act."

The homeowner's application was rejected because they failed to provide required information and documentation as per the rules.

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