Date lodged: 29 June 2016
To ask the Scottish Government how it monitors the effectiveness of property factor enforcement orders, and what action is taken against factors that do not satisfy the conditions of the order.
Answered by: Kevin Stewart 27 July 2016
The Homeowner Housing Panel (HoHP) is an independent tribunal established under the Property Factors (Scotland) Act 2011 (the Act) to deal with disputes between homeowners and property factors. It is for the HoHP to decide whether to issue a legally-binding property factor enforcement order (PFEO) and determine whether a property factor has complied with the PFEO.
The HoHP must notify Scottish Ministers under section 23(2) of the Act where a property factor has failed to comply with any PFEO. Scottish Ministers have the power to remove a property factor from the register where it has failed to demonstrate compliance with the property factor code of conduct and any property factor enforcement order made by the HoHP. Since 1 October 2012, when the Act came into force, they have removed two factors from the register because of their non-compliance.