Fiona McLeod has provided Scottish Construction Now with a brief overview of the changes introduced by the Scottish Government’s revised code of conduct for property factors.
… The incorporation of this new dispute resolution mechanism forms a key element of the updated Code…
Scottish Construction Now writes:
On 14 July 2021, the Scottish Government published a revised Code of Conduct for Property Factors setting out the minimum standards to which factors should adhere when carrying out their services. A number of changes have been made to the Code, underpinned by the objectives of improved clarity and flexibility for those subject to the Code, with these changes coming into effect on 16 August 2021.
A factor: the definition.
The definition of what constitutes a factor is clarified….
In 2016, the Homeowner Housing Panel was replaced by the First-tier Tribunal for Scotland Housing and Property Chamber. The incorporation of this new dispute resolution mechanism forms a key element of the updated Code.
Written Statement of Services (WSS)
Among other changes, more flexibility is afforded to factors when providing a WSS (a statement setting out the terms and service delivery standards of the arrangement) to homeowners….
Communication and consultation
Under the new Code, factors are obliged to provide greater communication with homeowners….
When embarking on the debt recovery process, the factor is now obliged to flag the availability of debt advice services and information….
Carrying out repairs and maintenance
The new Code confirms that factors may outsource specific maintenance duties in respect of fire safety to specialist contractors….
The detail of the complaints handling procedure has been fleshed out,….
It should be noted that this blog is not a comprehensive review of the Code, but a brief overview of the main changes. As such, if you have any queries in relation to preparation for the new Code coming into effect, or any other related matters, please contact Fiona McLeod or Jackie McGuire.
- Fiona McLeod is a senior associate at Brodies. Martha Speed, trainee, also contributed to this blog.