What does a factor do?
As a factor, we’re the managing agent responsible for the maintenance and interests of the communal areas within a residential development.
Each development is different, so we listen to the priorities of homeowners and then act on their behalf, ensuring the communal areas are well maintained.
We operate within the authority set out in our Written Statement of Services, a document issued to all homeowners setting out our terms and service delivery standards. We provide routine core services to ensure your development is safe and well maintained.
For non-core services, decisions are made jointly by owners as set out in your deeds, or the Tenement (Scotland) Act 2004. The Title Deeds or Deed of Conditions provides for the appointment of professional managing agents or a factor to manage the common parts.
The Property Factors Code of Conduct
The Property Factors (Scotland) Act 2011 regulates property factors in Scotland.
Property factors providing services to homeowners must be registered. In addition, they must comply with a code of conduct that sets out minimum standards for their services.
The full code of conduct can be found here:
Title Deeds/Deed of Conditions
The Title Deed or Deed of Conditions is a legal document outlining the obligation of the owner and their co-proprietors in terms of the title of the property and shared responsibility for the common parts. It may explain the common parts and in what proportion you must pay for any maintenance to them.
As factors, we carry out our responsibilities in accordance with the title deed and use this as a reference point to ensure that things like meetings, voting and apportionment of costs are carried out in accordance with the Title Deed.
If your Deeds are silent on any issue such as meeting quorums or how decisions can be made then there is legislation to assist. The Tenements (Scotland) Act 2003 and Title Conditions (Scotland) Act 2004 provide useful information for owners. We can help point you in the right direction.
If you don’t have a copy of your Title Deed, you can visit https://www.ros.gov.uk/services/order-deeds to obtain one.
Residents’ Association/Committee
Residents’ Committees/Associations are organisations formed by groups of people from a development who come together to address issues within their development or local area and act as a voice for their community.
A Residents’ Committee/Association can only be set up by owners within the development after following the requirements of the Title Deed on this matter. Once a committee is in place, it represents the interests of the owners with regards to management of the development and we will take instructions from those involved.
We see the benefit of working with committees and would encourage developments without a committee to consider forming one.
More information on this can be found at: https://underoneroof.scot/owners-associations/
