How to Complain About Your Property Factor in Scotland

Your factor ignores emails, bills don't add up, repairs stay broken for months—and you're wondering if there's anything you can actually do about it. You're not alone. Citizens Advice Scotland recorded a 19% increase in factoring complaints in Q3 2024, and Housing and Property Chamber applications have surged to over 5,000 annually. The good news: Scottish law gives homeowners powerful tools to hold factors accountable—including a free tribunal with a 74% homeowner success rate.

This guide provides a practical escalation pathway for every common dispute: what to try first, when to escalate, and how to win at tribunal if needed. The key insight from successful complainants is consistent: document everything, cite specific Code sections, and follow the formal process. Vague complaints about "bad service" rarely succeed; linking your grievances to numbered paragraphs of the Code transforms a plea into a legal demand.

Why Scottish homeowners now have real power

Before October 2012, challenging a property factor meant expensive Sheriff Court litigation with no guarantee of success. The Property Factors (Scotland) Act 2011 changed everything by creating three crucial protections: compulsory registration (making it a criminal offence to operate unregistered), a legally binding Code of Conduct setting minimum standards, and access to the Housing and Property Chamber—a free, specialist tribunal designed for homeowners without lawyers.

The Code was strengthened significantly in August 2021 with tighter communication requirements and new Overarching Standards of Practice (OSPs). These OSPs require factors to conduct business with "honesty, openness, transparency, and integrity"—acting as a catch-all for professionally unacceptable behaviour that might not fit neatly into a specific procedural clause.

What the Code of Conduct actually requires

The Property Factors Code of Conduct 2021 sets legally enforceable minimum standards across seven key areas. When writing to your factor, citing the relevant section number demonstrates you know your rights and signals that tribunal is a realistic next step.

Communication obligations (Section 2)

Covers: "factor won't reply to emails", "factor ignoring me", "factor not responding"

The breakdown of communication is the most common trigger for complaints. Section 2 places a heavy burden on factors to be responsive:

Section 2.5 requires factors to provide a full postal address, telephone number, contact email, and out-of-hours emergency arrangements.

Section 2.7 requires factors to respond to enquiries and complaints within timescales stated in their Written Statement of Services (WSS). If the WSS is silent, the response must be "prompt."

Overarching Standard OSP11 states factors "must respond to enquiries and complaints within reasonable timescales."

What constitutes a breach? Sending three emails over a month without acknowledgment is a clear breach. Receiving a reply that ignores your specific questions can breach OSP4 (honesty/integrity). Refusing to send paper copies to homeowners without internet access breaches Section 2.3.

Repair handling (Section 6)

Covers: "factor ignoring repair requests", "factor won't fix repairs"

Unlike communication, the Code doesn't prescribe fixed repair timescales. Instead, factors must handle repairs in an "appropriate timescale" depending on urgency. However, the Code requires:

Section 6.1 requires factors to have procedures for residents to report repairs.

Section 6.3-6.4 requires factors to arrange inspections and repairs "in an appropriate timescale" while keeping homeowners informed of progress. If a repair is delayed, the factor must provide updates—silence is never acceptable.

Section 6.6 requires factors to demonstrate "how and why they appointed contractors" and balance cost with "likely quality and longevity." This is your weapon against expensive contractors.

Section 6.9 requires factors to pursue contractors for substandard work. If a roof repair leaks two weeks later, the factor must enforce the warranty on your behalf.

Section 6.10 requires factors to disclose "in writing" any commission, rebate, or payment received from contractors.

The WSS must state target times for both routine and emergency repairs. If it says "emergency repairs within 24 hours" and your burst pipe sits for a week, that's a clear breach.

Financial transparency (Section 3)

Covers: "property factor overcharging", "how to challenge factor invoice", "factor charging too much"

Financial disputes often arise from lack of clarity. The Code provides powerful transparency rights:

Section 3.3 requires invoices to be itemised. A single line saying "Maintenance: £500" is insufficient—it must detail the nature of work, the contractor, and the date.

Section 3.4 mandates factors provide homeowners "at least once a year" with a detailed financial statement showing "a breakdown of charges made and a detailed description of the activities and works charged out."

Section 3.5-3.7 requires factors to keep client funds (floats, sinking funds) separate from their own business funds in dedicated accounts.

Section 5.5 requires disclosure of any commission or administration fee received from insurance arrangements.

Under Section 3.3, homeowners can request supporting documentation ("vouchers") for charges. You can ask to see the contractor's invoice. If the factor refuses or charges exorbitant fees for this simple request, they risk breaching the Code.

Float and sinking fund management (Sections 3.5-3.12)

Covers: "factor not returning float", "factor withholding sinking fund"

Floats are a frequent flashpoint. The Code requires:

Section 3.6 states factors "must return all funds due to homeowners (less any outstanding debts) automatically at the point of settlement of final bill, following a change of property factor."

Section 3.5 requires financial information within 3 months of termination unless there's good reason for delay.

Section 3.11 requires homeowner funds to be "held in a separate account from the property factor's own funds."

Section 3.12 requires sinking or reserve funds to be held in "an interest-bearing account... in the name of each separate group of homeowners."

If your factor is withholding funds beyond 3 months without explanation after you've sold or switched factors, they're breaching the Code. Forum users report factors delaying 6+ months citing "processing time"—these are frequently challenged successfully at tribunal.

Fee changes and notice (Section 1.5)

Covers: "factor increased fees without notice"

Section 1.5(C)(6) requires the WSS to include "the property factor's policy for reviewing and increasing or decreasing this management fee."

Section 1.2 requires factors to provide an updated WSS "at the earliest opportunity (in a period not exceeding 3 months)" where substantial changes are made.

The Code doesn't mandate a specific advance notice period for fee increases—this is a gap. However, if your WSS says "fees reviewed annually with 3 months' notice" and the factor imposes an increase immediately, that breaches their own terms.

The practical escalation pathway

Most disputes can be resolved without tribunal if you follow a structured approach. But documentation at every stage builds your case if formal action becomes necessary.

The Housing and Property Chamber process

The First-tier Tribunal for Scotland (Housing and Property Chamber) handles property factor disputes. It's free to apply, legal representation isn't required, and the process is designed to be accessible.

Making your application

Download Form C from housingandpropertychamber.scot and submit by email ([email protected]) or post to: First-tier Tribunal (Housing and Property Chamber), Glasgow Tribunals Centre, 20 York Street, Glasgow G2 8GT.

Required attachments (all mandatory):

What happens next

The Sift (1-2 weeks): A legal member reviews whether your application has merit. Only fundamentally flawed applications are rejected (~12%).

Case Management Discussion (4-12 weeks): A two-person tribunal meets by teleconference to clarify issues and explore settlement. Most property factor cases resolve here.

Evidential Hearing (if needed): If facts are disputed, a full hearing is scheduled. You can give evidence, call witnesses, and challenge the factor's position. Most hearings last 2-4 hours.

Decision: The tribunal publishes a written decision. If it finds the factor breached the Code or failed in duties, it must make a Property Factor Enforcement Order (PFEO).

What the tribunal can order

A PFEO is a legally binding order. The tribunal can require the factor to:

Failure to comply with a PFEO is a criminal offence under Section 24 of the 2011 Act. The tribunal reports non-compliance to Scottish Ministers; the factor can be prosecuted and/or removed from the register.

Real tribunal cases and what they won

Communication failures: Gordon v James Gibb (2018)

The issue: Factor failed to respond to multiple emails over an extended period, ignored queries about charges and repairs.

Code breaches found: Sections 2.1, 2.4, 2.5 (communication failures)

Outcome: £750 compensation plus an independent audit ordered at the factor's expense.

Repair delays: McGaw v James Gibb (2024)

The issue: Factor failed to respond to emails regarding tree stump removal, claiming they were waiting for a quote.

Tribunal view: Failing to respond to emails—even when the underlying issue is complex—is a breach. The delay in getting the quote is one issue; the failure to tell the homeowner about the delay is a separate breach.

Outcome: Breach upheld under Sections 2.1 and 6.4.

Float increases without consent

The issue: Factor increased float by £150 per flat with only 5 days' notice before an AGM.

Tribunal view: While the WSS allowed the factor to review the float, the manner (short notice, lack of justification) breached Section 2.1 (Communication) and Section 3.2 (Transparency).

Outcome: PFEO issued requiring detailed reconciliation statements. Procedural unfairness is actionable even if the financial decision itself is valid.

Building your case: evidence and documentation

Successful tribunal complainants consistently emphasise documentation. The tribunal examines whether factors met specific, numbered Code requirements—vague complaints rarely succeed.

Evidence log format

Maintain a contemporaneous log:

Templates for your complaint

Formal complaint letter (Phase 2)

Section 17 Notification (Phase 4)

Alternative routes when tribunal isn't the right path

Simple Procedure (Small Claims Court)

For purely monetary disputes up to £5,000 where the Code isn't the main issue (e.g., "The factor owes me £200 for an overpayment"), Sheriff Court Simple Procedure is an option.

Cost: £25-£150 court fee
Drawback: Cannot order PFEOs or Code compliance—only money

Use tribunal if you want the factor to change practices; use Simple Procedure if you just want money back.

Mediation

The Law Society of Scotland recommends mediation as a first step after the factor's internal complaints procedure. Mediation is voluntary, confidential, and often faster than tribunal. If your factor's WSS offers mediation, consider accepting.

Changing your factor

If the relationship is broken, collective action may be better than litigation. Under the Tenements (Scotland) Act 2004, a majority of owners (not unanimity) can change factors in most cases. Check your title deeds for specific thresholds—but remember Section 64 of the Title Conditions Act caps this at two-thirds maximum regardless of what deeds say.

Research replacement factors thoroughly before switching. CompareFactors.co.uk provides independent profiles of Scottish property factors including tribunal complaint history, coverage areas, and aggregated reviews—useful for shortlisting before you request quotes.

Conclusion: turning the tide

The relationship between homeowner and factor is inherently unequal—the factor holds the information, the contracts, and the funds. But the Property Factors (Scotland) Act 2011 was designed to rebalance this equation. With a 74% success rate for homeowners who persevere to a tribunal decision, the tools for resolution are in your hands.

For the frustrated homeowner, the path forward is clear: Document, Categorise, and Escalate. By meticulously linking every frustration to a specific clause in the Code of Conduct, and by rigorously following the notification procedures, you transform a complaint from a "nuisance" into a legal liability that the factor cannot ignore.

The most common mistake is assuming nothing can be done. The most common failure is lodging vague complaints without citing specific Code sections. Success requires treating your complaint as seriously as any legal matter—thorough documentation, precise references, and realistic expectations about timescales.