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Inquiry set to change way tenements are looked after



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Published Date: 17 June 2008
AN investigation is to be launched into the way factors look after residents' roofs, stairs and gardens in tenement buildings.
The inquiry by the Office of Fair Trading will affect thousands of city residents and could change the way Scottish flats are run forever.

It follows criticism by the Scottish Consumer Council (SCC), which found that three in five residents with p
rivate sector factors lodged complaints last year, with 92 per cent of those unhappy with the way their case was then handled.

The OFT investigation will look at the quality and cost of factors, how much choice and information is available to homeowners, and what their options are when things go wrong.

The OFT said it has already received evidence from the SCC which highlighted "potential consumer harm".

SCC chairman Douglas Sinclair said: "The SCC has expressed concerns about the current system of Scottish property factoring and welcomes the OFT's announcement today."

The study will report back by the end of the year and will involve gathering evidence from homeowners and suppliers operating in the sector.

OFT senior director of infrastructure Heather Clayton said: "This study will take a detailed look at Scottish property management services."

The investigation will be run in line with the Enterprise Act 2002, which allow a market-wide evaluation of both the competition and consumer issues. It is due to conclude by the end of the year.

The umbrella body for private sector factors, the Property Managers Association Scotland (PMAS), said it would be "happy to take part in the proposed study by the OFT".

More than one in three Scottish homes are in tenements and many of those have factors to take care of the upkeep of communal areas.

Jamie Millar, of the PMAS, whose members manage more than 150,000 homes, said: "We have met the Scottish Consumer Council and the OFT to discuss the property management industry. We were aware that OFT was taking an interest in this area."

Solicitor Mike Dailly has been working with Patricia Ferguson MSP in a campaign to tighten up the rules governing factors.

He said: "For many it's a racket, in that they are operating in an unregulated market."

Tory councillor Joanna Mowat, who represents the city centre, said: "When you look at registered social landlords, affordable housing can become unaffordable when you factor in the factors."





The full article contains 401 words and appears in Edinburgh Evening News newspaper.
Page 1 of 1

  • Last Updated: 17 June 2008 10:53 AM
  • Source: Edinburgh Evening News
  • Location: Edinburgh
  • Related Topics: Mortgage and property news
 
1

allknowing,

17/06/2008 12:23:46
Push overs !!!!!!

If you pay for a service as per a contract, and it isnt being upheld, withhold pay.

BUT, put the pay into a seperate account, to show to any judge that you are willing to pay the monies due, after sucessfull completion of the works.

I will bet if you make this clear to the factoring compnay, it wont go anywhere near the courts!!

Stop being wee children, grow up and get some balls.
2

Gastric Antral Vascular Ectasia,

17/06/2008 13:33:28
"... could change the way Scottish flats are run forever".

Forever?

3

Scotish Exile,

17/06/2008 14:06:40
they should look into the way the council deals with repairs, it is scandalous
4

McMadman,

Saor Alba 17/06/2008 17:25:47
Ask Charles White, factors.

Cheating, disreputable numpties who don't know one end of the law for another but try to harrass you into paying for things you don't need to.
5

Peter - very disappointed/concerned,

Edinburgh 17/06/2008 17:41:45
Buy a new-build flat and you almost invariably have to sign up to a factor usually appointed by the builder. It also appears to be very difficult to get rid of an existing factor if you are not satisfied with their service(s).

Factoring services have really manifested themselves in Edinburgh over the last 20 years or so and little appears to have been done by government or local authorities to control and/or monitor them.

Factors were originally employed to organise and maintain estates and very large houses, they should never have been allowed to enter the flats area unless, of courses, the flat owners had mutually agreed to engage this kind of service.

6

AM72,

Dumbarton 17/06/2008 18:32:18
Allknowing
here's a thought for you 'the Notice of Liability for Potential Costs, section of the Tenement (Scotland) Act 2004'.
This allows the factor to place a noting of the outstanding account upon the Title Deed of
Conditions for a debtors property which has the effect of making the debt heritable. Should the owner who has accrued this debt sell the property, then the debt would pass to the incoming owner. In reality it is most likely that the solicitor of any prospective purchaser would take note of this debt and demand that it be settled prior to any sale being finalised. As a net result the device effectively blocks the sale of the property and encourages the defaulting owner to settle their account in order that they can benefit from the sale of the property. Also there is generally
no provision for financing work on behalf of a defaulting owner i.e. your neighbours pay your share.
You are correct on one thing, the factor won't go anywhere near a court. While you are putting your money away in your account to show the sheriff at a later (if ever)date, the neighbours will be gunning for you,the factor is piling on the charges and you can't move.

Yes it can be done, we have got them to remove charges from my account after 15 months, and at no time did they ever take up my invitation to take the matter to court. If you don't pay they have you by those balls you are so keen on talking about, which just about sums up your opinions!
7

allknowing,

17/06/2008 19:27:32
#6

Again, dont be a push over.

Firstly, any charges due to you not paying arent enforcable in any court, so not sure where you got that from.
Secondly, if you do decide to sell, by all means pay the factor minus cost of getting the disputed repair done. If they dont agree, YOU take them to court. Give it two weeks of papers being issued and they will have the repair done. Doesn't cost much to take them to a court, give it a try.
8

Bluey,

Glasgow 17/06/2008 20:44:08
Question for allknowing,

how difficult is it to submit a 'Notice of Liability for Potential Costs' as we have owners in a self-factored' tenement who refuse to pay towards the general fund and haven't paid a penny in since moving in more than a year ago?

do you need to have a CCJ against them before submitting it? and can you make the owner pay the admin fee that it costs to get the notice added and removed, including the cost of a solicitor to complete it?

when I got the information from Registers of Scotland, they advised that a solictor complete the form as it's complex but no solicitors in my area were interested in doing this. do you know any solicitors who would do this?

thanks for the assistance.
9

Peter - very disappointed/concerned,

Edinburgh 18/06/2008 10:50:32
#8 Bluey,

I have been in a similar positon to you, i.e. found it difficult to get everyone to sign-up to get repairs done to a communal roof in a large and very high tenement.

I contacted the local authority (Edinburgh City Council in this case). Their advice to me was that I should inform them in writing explaining the situation, they would then issue a statutory notice and would both put the work in place and check on its progress and that it would be completed to their satisfaction/standards.

I followed their advice and the work was eventually completed at a cost of £116,000. Of course, this made the non-payers very unhappy, had they signed up earlier so that we could have got the work undertaken ourselves the bill would have been half that or less.

In this case there were 16 owners (5 of them landlords) so that we each paid approx £7,200.

When a local authority take over a contract such as this, everything has to be put right (even to quite small detail) and they charge 10% - 15% as an administration fee.

Haven't had much trouble getting these earlier non-payers to pay for more recent work.

One of the advantages of having a factor in place is of course the fact the non-payers are pursued and made to pay.

10

Bluey,

Glasgow 18/06/2008 12:04:59
thanks, Peter, for the info. By comparison, our problem is much less significant - one set of owners refusing to contribute towards the regular monthly payment of the common fund for more than a year (approx £200)where the cleaning and repair charges come out of.

This is aggravated by the fact that they've damaged the stonework of the exterior putting up tv/satellite cables where this has chipped the window ledges but we haven't got a quote for the repairs yet.

It's a shame that those that won't contribute financially are the ones that are contributing to damaging the structure of the building but it seems a lot of effort to go through to address this. Thanks for the info anyway.
11

Peter - very disappointed/concerned,

Edinburgh 18/06/2008 12:27:04
#10 Bluey

No problem.

I think it might still be worthwhile approaching the local authority as I have a feeling that they have powers to mitigate in circumstances like yours and can force non-payers to contribute. That is certainly the case with the Edinburgh Tenements Project where 1 or 2 refusing to pay can be 'persuaded' to pay up (in this situation the council are acting as a factor).

In my view, if local authorities were working properly and handling problem issues in tenements, etc as they used to, they should accept responsibilty and use their powers to force owners to join in and pay their rightfull share of repair and maintainance bills.

I hope you can get a satisfactory solution to your problem.

Peter
12

concerned of edinburgh,

edinburgh 18/06/2008 12:32:24
further to to comment 10
The only way to force non-payers in edinburgh is to get a stutory notice and simultaneously provide them with an alternative plan. Once they realise that it will cost them more if they do not cooperate they will come round (unless they are stupid - which happens). The important thing is to have your prefered plan ready when the statutory notice comes in. I got my tenement signed up to the Edinburgh Stair parnership this way

 

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