How to Switch or Change Property Factors in Scotland

It's 10pm, you've just sent another email about the same leaking gutter that's been ignored for six months, and you're wondering if it's actually possible to fire your property factor. The short answer: yes, you can. The longer answer is what this guide is for.

Note: This guide is editorially independent. Unlike switching guides published by factoring companies, we don't provide factoring services, and no factor can pay for a better rating or ranking. Full disclosure: if you use our quote service, we may earn a referral fee for introducing you to partner factors — this never affects ratings, rankings, or what we write. Our recommendations are based on transparent data from official sources—including our analysis of 568 tribunal cases, 17,000+ customer reviews, and regulatory data for all 302 registered Scottish property factors.

Switching factors in Scotland is genuinely achievable, but it requires understanding some legal basics, getting your neighbours on board, and—crucially—knowing how to pick a better replacement so you don't end up right back where you started.

Your Frustration Is Valid (and You're Not Alone)

First, let's acknowledge what you're probably dealing with. Satisfaction among owners factored by councils and housing associations, reported via the Scottish Social Housing Charter, has dropped to around 58%—the lowest in over a decade. Common complaints include unanswered repair requests, opaque billing, and the distinct feeling that you're paying for a service you're not actually receiving.

The Housing and Property Chamber is Scotland's tribunal for factoring disputes. In its 2024-25 statistical report the Chamber decided 125 applications and found the factor had failed to comply with the Code of Conduct or its duties in 94 of them (75%), issuing 72 enforcement orders. Our own analysis of 568 tribunal cases since 2021 shows the same pattern: communication failures are cited in 84% of cases decided against the factor (250 of 299), maintenance disputes in 52%, and financial transparency issues in 44%. If your factor is failing you, you're not alone—and you have options beyond just complaining.

If any of this sounds familiar, you're not imagining it.

The Legal Reality: It's Simpler Than Factors Want You to Think

Here's what factors often don't volunteer: Scottish law gives homeowners significant power to change their property manager. The legal framework has been strengthened considerably in recent years, and the default rules favour owner choice.

The Majority Vote Rule

Under Section 28 of the Title Conditions (Scotland) Act 2003, if your title deeds don't specify how to dismiss a factor, you can do so with a simple majority—more than half of the owners in your building agreeing. This is your baseline right.

Even if your deeds do set out a procedure, Section 64 of the same Act lets owners override it. Since 1 April 2026, Section 64(1) requires only a majority of owners to dismiss and appoint a new factor, regardless of what your deeds claim. This override exists precisely because legislators recognised that some old title deeds trap buildings in arrangements that no longer serve them.

What Your Title Deeds Actually Say

Before doing anything else, get hold of your title deeds. Your solicitor should have a copy, or you can request them from the Registers of Scotland for around £3 + VAT per title. Look for three things: whether a specific factor is named, what voting threshold is required to change factors (if any), and whether there are "manager burdens" that restrict your choices.

Either way, the law now defaults in your favour: whether your deeds are silent or demand some higher threshold, a simple majority of owners can change factor from 1 April 2026 onward.

Manager Burdens: When You Can't Switch Yet

There's one important exception the majority rule doesn't beat: a manager burden. This is a title condition that lets a developer or former owner keep control of factoring for a set period, and while it's running it can override an owners' vote. It's the single most common reason a switch stalls before it starts.

Manager burdens usually apply to newer or formerly social housing, with time limits that vary by property type:

• Manager burdens — a developer or prior owner can reserve the right to be, or appoint, the factor for a set period. These are statutory maximums under s.63(5) of the Title Conditions (Scotland) Act 2003: five years in most cases, thirty years for former right-to-buy homes.
• Sheltered and retirement housing — the maximum is three years.
• Ex-council or housing-association homes — where the former social landlord still owns other properties in the block, a burden can apply for a set period after you buy.

If a manager burden is still in force, you may not be able to force a change yet — but you can still build your evidence pack, line up neighbours, and be ready to act the moment it lapses. Check whether one applies to your home using the Scottish Government's check manager burdens tool before you start.

Notice Periods and Getting It Right

How long it takes depends mostly on the notice period in your Written Statement of Services, usually the longest single step—longer if you're starting from scratch with neighbour relationships, shorter if you already have an active residents' group.

Your factor's Written Statement of Services (WSS) must specify the notice period required to end the agreement. The most common is 90 days (29 of the 41 statements that specify one). Since 1 April 2026 the owners of a majority of the properties can dismiss a manager and appoint a new one whatever the deeds say, so an exit charge that looks unreasonable can be challenged.

When you do serve notice, do it properly. Send a formal letter by recorded delivery that clearly states the owners' decision to terminate, references the legal basis (your deeds or the relevant Act), is signed by all supporting owners (or enough to constitute a majority), lists all properties covered, and specifies the intended end date. Keep copies of everything.

To: [current factor], [their address]
From: The owners at [development name / address]
Date: [date]

NOTICE TO TERMINATE FACTORING SERVICES

We, the undersigned owners of [development], give formal notice ending your appointment as our property factor.

This was agreed by a majority of owners on [date of vote], under [our title deeds / Section 28 / Section 64 of the Title Conditions (Scotland) Act 2003]. Supporting owners and properties are listed below.

In line with your Written Statement of Services we give [X] months' notice, so your appointment ends on [end date]. Before that date, please provide a final account and transfer all funds held on our behalf (float, reserve/sinking fund, insurance rebates), building and insurance records, and outstanding repair information to the incoming factor.

Please confirm receipt in writing.

Signed: [owner name — flat — signature] (repeat for each supporting owner)

Getting Your Neighbours On Board

Here's where legal theory meets messy reality. You can have every right in the world to switch factors, but if you can't get enough owners to agree with you, nothing happens.

The challenge is structural. Absentee landlords don't open their post. Some owners have simply stopped paying attention to their factoring bills. Others worry that switching will be more hassle than the current problems. This apathy is, frankly, your factor's greatest protection.

Building Your Case

Start by documenting specific problems. Not "they're useless" but "here are six repair requests from the last year with dates, reference numbers, and no resolution." Screenshot correspondence. Save emails. If other owners have complained, ask them to share their experience.

Then make contact. If your building has a residents' group or WhatsApp chat, start there. If not, you may need to identify owners through the Land Register (Registers of Scotland allows title searches for around £3 + VAT per property) and write to them individually.

When you reach out, be specific about what's wrong and realistic about what switching involves. Some neighbours will be persuaded by financial arguments—comparing your current fees against market rates. Others care more about service quality: response times, whether repairs actually get done, whether anyone answers the phone.

The Formal Meeting

You'll need a formal decision, either through a meeting or a written voting process. If you go the meeting route, check what quorum your deeds require. If that seems unreachable, use proxy forms—written authorisation for you to vote on behalf of owners who can't attend. Proxies are the single most effective tool for overcoming low turnout.

Document everything: who attended, who submitted proxies, what was proposed, what was agreed. This paperwork matters because factors sometimes challenge whether a dismissal was validly made.

Subject: Meeting about our property factor — [development]

Dear neighbour,

A few of us are unhappy with [current factor] — [one line, e.g. repeated ignored repairs and unclear billing]. Under Scottish law a majority of owners can change factor, and I'd like us to talk it through.

Meeting: [date], [time], [place or video link].
Can't make it? You can appoint someone to vote on your behalf (a proxy) — reply and I'll send a short form.

Agenda: (1) problems with the current factor; (2) our options and the vote we'd need; (3) getting quotes from replacement factors; (4) next steps.

Please reply to confirm.
[your name — flat number — contact]

RECORD OF OWNERS' DECISION — [development] — [date]

Proposal: to dismiss [current factor] and appoint a replacement, under [our title deeds / Section 28 / Section 64].

In favour: [name — flat — in person or proxy]  (list each)
Against / abstained: [name — flat]

Total owners: [N].  In favour: [N] = [%].
Threshold required: simple majority (over 50%).
Outcome: [carried / not carried].

Recorded by: [name — flat — date]

Common Obstruction Tactics (and How to Handle Them)

Not every factor accepts defeat gracefully. Here's what you might encounter.

Some factors demand extensive proof that a genuine majority voted to remove them. This is actually reasonable—they need confidence the decision is legitimate. Counter it by being meticulous: have your decision letter signed by all supporting owners, keep minutes from any meeting, and be ready to provide a list of properties and which owners agreed.

Others escalate debt collection, suddenly chasing arrears aggressively or spreading the cost of non-paying owners across everyone else's bills. If you're hit with unexpected charges, request an itemised breakdown before paying anything. If a charge looks unreasonable, you can take the dispute to the tribunal.

The classic tactic is claiming your deeds don't permit a change, or that you need a higher voting threshold than you've achieved. Know your legal position: since 1 April 2026 Section 64 lets a simple majority override whatever your deeds demand, and if they're silent Section 28's simple majority applies. If a factor persists with spurious legal claims, citing the specific legislation usually ends the conversation.

Finally, some factors delay handing over information to your new manager, blaming "administrative processes" or GDPR. The Code of Conduct requires cooperation on handover—data protection isn't a blanket excuse; it affects how they share info, not whether they can cooperate. Set a firm deadline (four weeks is reasonable) and make clear you'll escalate to Scottish Ministers if necessary.

Line Up a Replacement Before You Serve Notice

Escaping a bad factor is pointless if you jump straight to another one. This is where most switching attempts fail—not at the dismissal stage, but at selection.

The market has consolidated significantly in recent years, with smaller independents being absorbed into larger corporate groups. That's created economies of scale but sometimes depersonalised service. When a local firm gets bought out, you often lose your direct contact and end up dealing with a centralised call centre.

What about self-factoring? For smaller tenements (4-8 units), managing things yourselves can seem appealing—zero management fees, total control. If you do go this route, organisations like Under One Roof provide digital tools to make it more professional.

What to Gather Before Approaching New Factors

Before contacting potential replacements, assemble your documentation:

Having this ready means you can give prospective factors an accurate picture of your building and get like-for-like quotes.

Before appointing anyone, verify they're on the Scottish Property Factor Register—operating without registration is a criminal offence. You can also check any factor's tribunal record and customer reviews on their Compare Factors profile.

What to Ask Before Appointing Anyone

Request Written Statements of Services from at least three or four factors. The WSS is legally required and must cover everything from fees to repair response times to complaints procedures. Don't just compare headline prices—read the detail.

Pay particular attention to response times (how quickly will they act on routine repairs? emergencies?), inspection frequency (how often will someone physically check your building?), insurance arrangements (is it transparently priced or buried in commission structures?), fee increase policies (tied to inflation or at the factor's discretion?), and debt recovery procedures (will they chase non-payers or spread the shortfall across everyone else?).

Ask direct questions about insurance commissions. Since the FCA's reforms, insurers and brokers must show leaseholders fair value and disclose commission. If a factor can't explain clearly how they handle insurance or becomes evasive about commissions, that's a red flag.

Red Flags When Comparing Factors

Based on tribunal complaint patterns and Code of Conduct requirements, watch out for:

Our database tracks tribunal outcomes for every registered Scottish factor. The factors with the most cases include James Gibb (104 cases), Hacking & Paterson (56), and Ross & Liddell (39). Before appointing anyone, check their Compare Factors profile to see their full tribunal record.

Doing the Comparison Work

This is where the selection process gets time-consuming. You're comparing multiple documents, trying to decode different fee structures, and making judgments about service quality from written statements alone.

Resources like Compare Factors exist precisely for this reason—to let you see factors side by side, compare fees and services, and review track records before making a decision. Our profiles include tribunal case history, customer ratings aggregated from 17,000+ Google and Trustpilot reviews, property coverage data, and company information for all 302 registered Scottish factors. You can also search by area on our map to see which factors operate near you, or browse area pages to compare local options. Rather than manually pulling apart four different WSS documents, a comparison platform can surface the meaningful differences quickly.

Whatever approach you take, treat factor selection as procurement, not just escape. You're not just getting rid of someone bad; you're choosing someone who'll manage your home for years to come. The new factor knows you switched once—that's leverage. Use it to negotiate response times, clarify insurance, and establish clear communication channels from day one.

Switching Timeline: What to Expect

Every building moves at a different pace, but a switch usually runs through six phases. How long it takes is driven mostly by your WSS notice period.

• Groundwork — get your deeds and Written Statement of Services, check for manager burdens, build the evidence pack.
• Neighbours — contact owners, hold a meeting or written vote, gather proxies.
• Shortlist — request statements and written quotes from two or three registered factors.
• Decision — record the formal majority vote to dismiss and appoint.
• Notice — serve written notice for the period in your WSS (often about three months). This is usually the longest wait.
• Handover — transfer funds, records, and insurance to the new factor and confirm the final account.

The notice period is normally the biggest chunk of the timeline — which is exactly why you line up your replacement during the shortlist phase, not after you've served notice. Done in parallel, the switch is far quicker and far less risky.

Switching Factors in Glasgow and Edinburgh

The legal process is identical across Scotland, but your choice of replacement isn't. Glasgow has the deepest market — around 135 registered factors operate across the city, from national names to community-based housing associations — so a genuine like-for-like shortlist is realistic in most postcodes. See who covers your street on our Glasgow factors hub.

In Edinburgh and the Lothians, roughly 56 factors operate, mixing long-established firms with smaller independents. Compare their tribunal records and ratings on the Edinburgh factors hub before you shortlist. Anywhere else in Scotland, browse all area pages or search the factor map to see local options.

What Happens If Things Go Wrong

If your current factor breaches the Code of Conduct, or if they refuse to accept a valid dismissal decision, you have recourse through the First-tier Tribunal for Scotland (Housing and Property Chamber). It's free to access, relatively informal, and designed for homeowners rather than lawyers. See our step-by-step complaints guide for the full process.

You'll need to go through the factor's internal complaints process first, but the tribunal is there if that fails. Since 2021, the tribunal has ordered over £157,226 in total compensation to homeowners and issued 194 Property Factor Enforcement Orders (PFEOs). Factors who fail to comply with a PFEO face potential deregistration. And factors know this—the threat of tribunal action is usually enough to ensure cooperation.

The Bigger Picture

Switching factors takes effort—there's no getting around that. But the legal landscape has shifted meaningfully in homeowners' favour, the regulatory system now has teeth it previously lacked, and the era of the permanent, unchallengeable factor is over.

Your frustration at 10pm is valid, but it doesn't have to be permanent. Understand your legal position, build consensus among your neighbours, execute the switch cleanly, and—most importantly—choose your replacement carefully.

That last part is what actually changes your life. With 568 tribunal decisions tracked, 17,000+ customer reviews aggregated, and every registered factor profiled, the information you need to make a confident choice is at your fingertips.