Tribunal Record

The tribunal found the factor in breach of the code of conduct and issued a PFEO. The factor complied with the order and the tribunal confirmed compliance and awarded the homeowner compensation.

"The Tribunal, having considered the representations from both parties explaining that the Property Factor Enforcement Order has been complied with, now confirms that the Respondent has complied with the terms of the Property Factor Enforcement Order made."

The tribunal determined the homeowner's complaints were not upheld, finding that the property factor had been validly appointed and that the homeowner was aware of the property factor's appointment. No breaches of the Code of Conduct were found.

"The Tribunal decided, on the balance of probabilities, that the homeowner had been aware of the appointment of the property factors and that she did not first learn of their appointment when she received a letter from debt recovery agents on 14 September 2023."

The tribunal found multiple breaches of the Code of Conduct by the property factor. A Property Factor Enforcement Order was issued. The property factor complied with the order.

"The Tribunal made a Property Factor Enforcement Order to be read with this decision."

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

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

The tribunal previously issued a PFEO and found the factor had complied with it. A certificate of completion was issued.

"The Tribunal unanimously determined that the respondent has complied with the PFEO issued on 9 June 2021, and accordingly the Tribunal determined to issue a Certificate of Completion in confirmation that compliance had been achieved."