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Working with Housing Associations and Property Factors

 Who is responsible when some of the flats in my tenement are owned by a housing association? 

Housing associations have the same rights and responsibilities as other owners.  If they own a majority of flats, and the Tenement Management Scheme applies, they can insist that other owners contribute to the cost of work to repair and maintain common parts.  Housing associations are not responsible for meeting other owners’ shares of the costs of work. 

What are the rules about work done by Property Factors?

Anyone providing a factoring service for private owners is required to comply with a code of conduct prepared by Scottish Ministers.  There is a new route of redress for homeowners who are unhappy about the services provided by their property factor.  A homeowner can make an application to the new Homeowner Housing Panel if they believe their property factor has failed to carry out their duties or has failed to comply with the code of conduct.  Before applying to the Panel the homeowner must first make sure the property factor has been given a reasonable opportunity to resolve the dispute.  If the Panel finds against the property factor, it can issue a legally binding Property Factor Enforcement Order requiring the factor to take certain action or make payments to the homeowner.