Tribunal Record

The Tribunal found breaches of the Code of Conduct, particularly regarding responding to complaints within the required timescales, and issued a Property Factor Enforcement Order for compensation.

"The Property Factor is required, within 30 days of the making of this Property Factor Enforcement Order, to make payment in the sum of £250.00 to the Homeowner as compensation for the distress, frustration and inconvenience caused as a result of its failure to comply with the Code of Conduct."

The tribunal determined it did not have the jurisdiction to consider the application because the dispute did not relate to common property. The application was therefore dismissed.

"The Tribunal determined that they did not have jurisdiction to deal with the complaint."

The homeowner alleged breaches of the Code of Conduct by the factor. The tribunal, after a hearing and consideration of evidence, determined the factor had not breached the Code and dismissed the application.

"The Factor has not failed to carry out its property factor's duties."

The tribunal found the property factor in breach of the Code of Practice for failing to deal effectively with water ingress reported by the homeowner. The factor refunded fees and paid for the survey, and the tribunal decided a Property Factor Enforcement Order was not required.

"The Tribunal did not consider that it was appropriate to make a Property Factor Enforcement Order in relation to this application."

The Tribunal rejected the application because the applicant did not provide the required evidence and documentation.

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

The Tribunal rejected the application because the applicant did not comply with the procedural requirements, specifically failing to provide necessary information and documentation.

"After consideration of the application the Legal Member considers that the application should be rejected in terms of Rule 8(1) (c) of the Rules.”"

The tribunal found breaches of the Code of Conduct and proposed a Property Factor Enforcement Order. However, the factor complied with the proposed order before it was formally issued.

"The First-tier Tribunal proposes to make the following Property Factor Enforcement Order ("PFEO")"

The tribunal determined the property factor had failed to comply with their duties and issued a Property Factor Enforcement Order to address the issues.

"The Tribunal determined to make a Property Factor Enforcement Order (PFEO)"

The Tribunal rejected the homeowner's application because they failed to provide the necessary information, including evidence of notifying the factor of their concerns.

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

The Tribunal found that the factor had provided all necessary information and the homeowner's claims were baseless. The application was refused.

"The Applicant’s complaints have no merit in them whatsoever and the Respondent has manifestly no statable case to answer."

The tribunal rejected the homeowner's application because she failed to provide evidence that the property factor had been notified about her concerns.

"The application is rejected on that basis."

The tribunal issued a PFEO requiring the factor to pay compensation, and the factor complied by sending a cheque to the homeowner.

"The Tribunal determined that the property factors have complied with the terms of the Property Factor Enforcement Order made on 1 February 2024."

The Tribunal found the property factor in breach of several sections of the Code of Conduct due to failures in responding to the homeowner and not resolving the reported water ingress issue. The tribunal proposed to make a Property Factor Enforcement Order.

"The Tribunal proposes to make a Property Factor Enforcement Order."

The tribunal issued a PFEO requiring the factor to pay the homeowner £225. The factor did not comply with the order.

"The Factor has failed to fully comply with the Property Factor Enforcement Order dated 21st December 2023"

The Tribunal initially found the factor had breached the Code of Conduct and issued a PFEO. The factor initially failed to comply with the PFEO, but later complied, so the tribunal closed the case.

"The Tribunal has determined that the Factor has complied in full with the terms of the Property Factor Enforcement Order (“PFEO”) issued on 31 March 2024 and that the Failure to Comply Decision issued on 5 August 2024 should be recalled and that thereafter no further action is required."

The tribunal found the property factor had failed to comply with the Code of Conduct and its duties. The tribunal proposed to make a Property Factor Enforcement Order to order the factor to provide information and make payments to the homeowners.

"Therefore, the Tribunal proposes to make a PFEO."

The Tribunal rejected the homeowner's application because they failed to provide evidence and information as requested.

"The application is rejected on that basis."

The tribunal found breaches of the Code of Conduct and made a Property Factor Enforcement Order for compensation and to ensure future communications by email. The factor complied with the order.

"The Tribunal requires the Property Factor to pay the sum of Three Hundred pounds (£300) to the Homeowner within thirty days..."

The tribunal found Lowther Homes in breach of the Code of Conduct and the Property Factor's duties. The tribunal issued a PFEO, which was later varied. The PFEO was then complied with by the factor and thus certified as compliant by the tribunal.

"Having determined by Decision dated 26 June 2023 that the Property Factor had failed to comply with the Section 14 duty and its property factor’s duties in terms of the Act, and having determined to issue a Property Factor Enforcement Order (“PFEO”)..."

The tribunal rejected the homeowner's application because she failed to provide required evidence of notifying the factor. No breach of the Code of Conduct was found.

"The Tribunal rejects the application by the applicant dated 16th February 2023, being an application under section 17(1) of the Property Factors (Scotland) Act 2011."

The Tribunal rejected the homeowner's application because she failed to provide the necessary information and documentation, as required by the rules and the Act.

"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 Tribunal rejected the homeowner's application because they failed to provide necessary information and documentation as required by the rules and the 2011 Act.

"The application is rejected on that basis."

The tribunal dismissed the homeowner's application, indicating they found no grounds for it.

"The First-tier Tribunal for Scotland (Housing and Property Chamber) (“the Tribunal”) dismissed the Applications and made no Orders."

The Tribunal found the factor in breach of the Code of Conduct and ordered them to pay the homeowner £500 in compensation.

"Within one month of the communication to the property factors of this Order, the property factors shall pay to the homeowner the sum of £500 by way of compensation for inconvenience and distress in respect of their failure to comply with OSP6 and their duties in terms of Sections 6.4 and 6.6 of the Code"

The tribunal found the respondent was acting as a landlord and not a letting agent, so the application to enforce the Code of Practice was refused.

"In this particular relationship with the Applicant in relation to the Property, the Respondent was a landlord and not a “relevant letting agent” and, accordingly, the Code did not apply and so could not be enforced against the Respondent."

The Tribunal found that Lowther Homes failed to comply with the Property Factor Enforcement Order that was issued. The factor did not send the homeowner a letter of apology as required. The Tribunal decided that the factor failed to comply.

"The Tribunal determined that the property factors have failed to comply with the terms of a Property Factor Enforcement Order made on 23 February 2022 and that Notice of the Failure should be served on Scottish Ministers."

The tribunal found the factor had failed to comply with a previously issued PFEO related to a report and payment, and determined to serve notice on Scottish Ministers.

"The Tribunal determines that the Property Factor has failed to comply with the PFEO."

The tribunal rejected the homeowner's application because the homeowner failed to provide necessary information and documentation as required by the rules.

"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 tribunal found that the factor breached the Code of Conduct by failing to respond to communications and by failing to engage the complaints procedure. A PFEO was issued, and the factor complied with it.

"The Tribunal proposes to make a property factor enforcement order ("PFEO")."

The tribunal found that the factor breached the Code of Conduct and issued a PFEO requiring payment to the homeowner. The factor complied with the order.

"Within 28 days of the date of service on the respondent of this property factor enforcement order the respondent must pay the applicant £3,500.00 representing a proportion of the cost of remedial works made necessary to the interior of the homeowners property by a prolonged period of water ingress caused by damage to the roof of the property."

The homeowner alleged the property factor provided misleading information regarding a leak. The Tribunal found no breach of the Code and dismissed the application.

"The Tribunal found that the Property Factor has not breached this paragraph of the Code by providing information that was misleading or false."

The tribunal found the factor in breach of the Code, proposed a PFEO, but ultimately decided not to issue the PFEO after the factor complied with the proposed order's terms by repairing the fence and making payments.

"The tribunal takes the view that issuing a final PFEO would appear to be unnecessary and accordingly the tribunal has elected in terms of section 19 (1) (b) of the 2011 Act not to make a PFEO in this case"

The Tribunal rejected the application because the applicant could not provide necessary information.

"On the basis of the information provided by the applicant, the Tribunal has good reason to believe that it would not be appropriate to accept the application and rejects 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 required documentation and information.

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

The Tribunal rejected the homeowner's application because she did not comply with the procedural requirements, including providing necessary documentation and signing the application.

"The Homeowner has failed to sign and date the application or provide the written statement of services, as required by Rule 43 of the Rules."