How Do I Complain About a Property Factor in Scotland?
At Factors Direct, our mission is to deliver exceptional service. However, we understand that not every property factor operates at the same standard. If you’re a homeowner in Scotland who’s experiencing issues—perhaps poor communication, excessive charges, or uncompleted repairs—you may be wondering how to lodge a property factor complaint. In this post, I’ll explain the complaint process, highlight key Scottish property factor regulations, and outline steps for effective dispute resolution.
Understanding Your Rights
Scottish homeowners benefit from robust protections under the Property Factors (Scotland) Act 2011. This legislation defines the code of conduct all factors must follow, including transparency in billing and a clear complaints procedure. If you feel your factor has breached these rules, you have the right to take action.
Steps to Complain
-
Check Your Written Statement of Services
Every property factor in Scotland is required to provide a Written Statement of Services (WSS). This document outlines the services they promise to deliver, along with procedures for complaints. Before lodging a formal complaint, re-read your WSS to confirm whether your grievance is indeed a violation of their obligations. -
Raise Your Concerns Directly
Most dispute resolution processes begin with contacting your factor—by letter or email—to outline the nature of your complaint. State clearly what has happened and why you believe it conflicts with your WSS or the relevant legislation. At Factors Direct, we always encourage an open dialogue first, as many issues can be swiftly resolved through effective communication. -
Follow the Factor’s Complaints Procedure
Your factor should have an established internal process for handling complaints. Make sure you follow their guidelines closely: submit the complaint in the correct format, provide necessary documentation, and abide by any deadlines. Keep records of all correspondence. -
Contact the First-tier Tribunal for Scotland (Housing and Property Chamber)
If you’ve exhausted the factor’s internal process without a satisfactory outcome, your next step is to approach the First-tier Tribunal Scotland. This body can make legally binding decisions on disputes between homeowners and factors. You’ll need to complete an application detailing your complaint, including evidence of any breaches of the Code of Conduct. -
Prepare Your Evidence
Documentation is crucial. Keep emails, receipts, repair requests, and photographs that support your claim. The tribunal will review this evidence to determine whether the factor has failed in their duties.
Frequently Asked Questions
Q: Do I have to go to court to resolve a property factor complaint?
A: Not necessarily. The First-tier Tribunal Scotland is a specialised body that deals with these disputes, offering a more streamlined process than traditional court settings.
Q: Can I complain anonymously?
A: Generally, you’ll need to provide your personal details to make a formal complaint. Anonymous complaints are unlikely to be taken further because evidence and accountability are essential.
Q: What if the factor resolves the issue before the tribunal hearing?
A: That’s often the best outcome. If you’re satisfied with the resolution, you can withdraw your application. However, make sure any agreement is in writing to avoid future disputes.
Complaining about a property factor in Scotland might feel daunting, but understanding the process can help you secure a fair resolution. At Factors Direct, we believe in transparency and accountability—values we hope all factors uphold. If you’re in need of further guidance or looking for a new factor that prioritises customer satisfaction, don’t hesitate to reach out.
