Property Factors charges: FOI release

Information requested

Whether the law allows invoices for common car park lights to be charged to one address only while the lights are used by other properties as well.

Response

While our aim is to provide information whenever possible, in this instance the Scottish Government does not have the information you have requested.

While the Scottish Government does not hold the information you requested, I can tell you that decisions about charges for communal areas are made and agreed locally.

If you are referring to charges made by a property factor, they must be transparent about this. The Property Factors (Scotland) Act 2011: Code of Conduct for Property Factors - gov.scot (‘the Code’) provides information on a property factor’s obligations regarding their charges. The Code also states that the factor must have a written complaints process. 

If a homeowner goes through the factor’s complaints process and is unhappy with the result, they can make an application to the Housing and Property Chamber (First-tier Tribunal) (‘the Tribunal’) if they believe the factor has failed to comply with the requirements of the Code of Conduct or has failed to carry out its duties.

The homeowner may wish to check the title deeds, and any associated contract, for what is laid down in these about maintenance and apportionment of costs. The homeowner can ask the property factor to provide information on what basis they are making these charges / apportioning them, as well as under what provisions they are claiming this money from this one address.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at https://www.gov.scot/foi-responses.