What does a factor do?

As a property factor, sometimes called managing agent, is appointed to manage the shared parts of a residential development on behalf of homeowners. This means we are 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.   

What are core services?

Core services are the routine, ongoing services needed to keep your development safe and well maintained for example stair cleaning, grounds maintenance, roof inspections, health and safety testing. These are delivered in line with our written Statement of Service.

What are non-core services?

Non-core services are works or services outside the routine scope, often larger, less frequent or improvement-led such as paintworks or carpet replacements. Decisions on these activities 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.

Is property factoring regulated in Scotland?

Yes, 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 for property factors that sets out minimum standards for their services. 

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What are Title Deeds/Deed of Conditions?

The Title Deed or Deed of Conditions is a legal document that sets out:

  • What counts as the common parts

  • The owner’s responsibilities for maintenance of those common parts

  • How costs are apportioned (what each proportion each owner pays)

  • How things like meetings, voting and decisions should work.

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 2004 and the Title Conditions (Scotland) Act 2003 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 order a copy from the Registers of Scotland.

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What is a 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.

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