Revised code of conduct for registered property factors: consultation

Footnotes

1. As defined by Section 2 of the Property Factors (Scotland) Act 2011 - http://www.legislation.gov.uk/asp/2011/8/notes/division/2/1/2

2. Scottish Property Factor Register - http://sedsh119.sedsh.gov.uk/propertyfactorregister/

3. Approximate figure collated from the Scottish Property Factor Register

4. Approximate figures primarily based on property information supplied by registered property factors as per section 7(3) of the Act based on the reporting period 1 April 2016 – 31 March 2017.

5. Section 14 of the Property Factors (Scotland) Act 2011 - http://www.legislation.gov.uk/asp/2011/8/notes/division/2/1/13

6. Section 17 of the Property Factors (Scotland) Act - http://www.legislation.gov.uk/asp/2011/8/section/17

7. The First-Tier Tribunal for Scotland Housing & Property Chamber - https://www.housingandpropertychamber.scot/

8. See Footnote (5)

9. See Footnote (7)

10. Property Factors (Scotland) Act 2011: Code of conduct for Property Factors (Scottish Government - July 2012) /publications/property-factors-scotland-act-2011-code-conduct-property-factors/

11. The definition of "homeowner", as it appears in section 10(5) of the 2011 Act, is attached in Appendix B of the Code.

12. The functions of the Homeowner Housing Panel transferred to the First-tier Tribunal for Scotland Housing and Property Chamber on 1 December 2016.

13. Section 23 of the 2011 Act - Effect of failure to comply with property factor enforcement order

14. The Property Factors (Registration) (Scotland) Regulations 2012 – Information to be supplied by responsible/relevant person- http://www.legislation.gov.uk/ssi/2012/181/regulation/3/made

15. Section 11 of the 2011 Act – Appeal against refusal to register or removal from register

16. Section 9 of the 2011 Act – Effect of refusal to enter in register or removal from register

17. If a change to the terms of the written statement of services is specified in a property factor enforcement order issued by the First-tier Tribunal, then the timescale determined by the First-tier Tribunal for that change to be made will supersede any timescales stated at section 1.2 of this Code.

18. The term 'land' means both land and any buildings on that land.

19. For example (not an exhaustive list):-

• Named in the Title Deeds as the property factor for the first (x period of time). This time limit has/has not expired.
• Appointed by a decision of a majority of homeowners on x date.

20. This may refer to a general complaints handling procedure which is not restricted to complaints about property factoring for example where the property factor is a local authority or a housing association.

21. This may refer to a general data protection policy which is not restricted to its property factoring service e.g. for example where the property factor is a local authority or a housing association.

22. Section 61 of the Housing (Scotland) Act 2014 – Meaning of letting agency work

23. Section 3(2)(e) of the 2011 Act – information supplied in an application to enter the register of property factors.

24. Section 7(3) of the 2011 Act – Duty of Responsible Person to provide information

25. If a property factor is required to provide updated information as specified in a property factor enforcement order issued by a First-tier Tribunal, then the timescales for that updated information to be provided will be determined by a First-tier Tribunal in accordance with section 20(2) of the 2011 Act.

26. This is also required by section 13(3) of the Act and can be taken into account by the Scottish Government in relation to a further application to register (see section 4(4)(b)(ii) of the Act).

27. Alternative procedures may be referred in circumstances where the property factor is subject to the Freedom of Information Act 2000, the Freedom of Information (Scotland) Act 2002 or the Environmental Information (Scotland) Regulations 2004.

28. See Footnote 17

29. Section 2 of the Property Factors (Scotland) Act 2011- http://www.legislation.gov.uk/asp/2011/8/section/2

30. Docherty v Sheltered Housing Management Ltd., 1 July 2016, HOHP/ PF/14/0203.

31. Section 23 of the Property Factors (Scotland) Act 2011 - http://www.legislation.gov.uk/asp/2011/8/section/23

^32. The Property Factors (Code of Conduct) (Scotland) Order 2012 – Final Business and Regulatory Impact Assessment - http://www.legislation.gov.uk/ssi/2012/217/pdfs/ssifia_20120217_en.pdf

33. The Property Factors (Code of Conduct) (Scotland) Order 2012 – Equality Impact Assessment - http://www.gov.scot/Resource/0039/00393912.pdf

34. Property Factors (Scotland) Act 2011 - http://www.legislation.gov.uk/asp/2011/8/contents

35. Property Factors Register - http://sedsh119.sedsh.gov.uk/propertyfactorregister/

36. Section 3 of the Property Factors (Scotland) Act 2011 – Application for registration - http://www.legislation.gov.uk/asp/2011/8/section/3

37. The Property Factors (Registration) (Scotland) Regulations 2012 - Information to be specified in an application for registration as a property factor - http://www.legislation.gov.uk/ssi/2012/181/regulation/3/made

38. Section 5 of the Property Factors (Scotland) Act 2011 – Considerations of entry to the register http://www.legislation.gov.uk/asp/2011/8/section/5

39. Section 13 of the Property Factors (Scotland) Act 2011 – Property factor registered number - http://www.legislation.gov.uk/asp/2011/8/section/13

40. Section 7 of the Property Factors (Scotland) Act 2011 - Duty on the Responsible person to provide information http://www.legislation.gov.uk/asp/2011/8/section/7

41. The functions of the Homeowner Housing Panel transferred to the First-Tier Tribunal on 1 December 2016. Section 17 of the Property Factors (Scotland) Act 2011 as amended - Application to the First-Tier Tribunal Housing and Property Chamber - http://www.legislation.gov.uk/asp/2011/8/section/17

42. Section 18 of the Property Factors (Scotland) Act 2011 – Referral to the First-tier Tribunal - http://www.legislation.gov.uk/asp/2011/8/section/18

43. Section 19 of the Property Factors (Scotland) Act 2011 – Determination by the First-tier Tribunal - http://www.legislation.gov.uk/asp/2011/8/section/19

44. See Footnote 43

45. Section 20 and 21 of the Property Factors (Scotland) Act 2011 – Property factor enforcement orders/Variation and revocation of Property factor enforcement orders - http://www.legislation.gov.uk/asp/2011/8/section/20 and http://www.legislation.gov.uk/asp/2011/8/section/21

46. Section 23 of the Property Factors (Scotland) Act 2011 – Effect of failure to comply with a property factor enforcement order - http://www.legislation.gov.uk/asp/2011/8/section/23

47. Section 15 of the Property Factors (Scotland) Act 2011 – Service of notices etc - http://www.legislation.gov.uk/asp/2011/8/section/15

48. Section 12 of the Property Factors (Scotland) Act 2011 – Offence of operating as a property factor without registration - http://www.legislation.gov.uk/asp/2011/8/section/12

49. See footnotes 23 and 24

50. See footnotes 23 and 24

51. Section 24 of the Property Factors (Scotland) Act 2011 – Property Factor Enforcement Order: offences - http://www.legislation.gov.uk/asp/2011/8/section/24