Property Factor removal statistics: FOI release

Information requested

1. How many property factors have been struck off by Scottish Ministers since the Property Factors Act came into effect?

2. How many PFEOs have been issued in the last five years?

3. How many PFEOs have not been complied with in the last five years?

4. How many factors have faced prosecution over failure to comply with a PFEO in last five years?

Response

We are able to provide some of the information you requested:

1. How many property factors have been struck off by Scottish Ministers since the Property Factors Act came into effect?

242 property factors have been removed under Section 4(7)(a) of the Property Factors (Scotland) Act 2011 (the Act) as no further applications were received prior to the expiry of their current 3-year registration.

12 property factors have been removed under Section 8(1) of the Act either for failing to comply with the Code of Conduct and Property Factor Enforcement Orders (communicated by the Firsttier Tribunal via a Notice to Scottish Ministers) or for technical reasons as they no longer existed as a legal entity (for example, dissolved on Companies House or listed as closed on the Mutuals Public Register).

254 in total.

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

The Scottish Government does not hold information to answer your questions 2, 3 and 4.

The process for issuing Property Factor Enforcement Orders (PFEOs), monitoring compliance with them, and any subsequent decisions to refer failures to comply to Police Scotland is for the First-tier Tribunal for Scotland (Housing and Property Chamber) (First-tier Tribunal).

Consequently, these questions relate to operational matters that are the responsibility of the Scottish Court and Tribunals Service (SCTS) corporate body.

You may wish to contact the Scottish Courts and Tribunal Service at foi@scotcourts.gov.uk who may be able to help you.

About FOI

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