Property factor service

nlamont

My son bought a flat in a set of buildings for which a certain factor provided services. He was told he had to pay a fee to cover buildings insurance, cleaning of communal stairs, repairs and gardening.

Since then the factor company has written to all the homeowners saying they are unable to provide the cleaning, gardening and repair services because some homeowners are defaulting on their payments. They apologise and say they'll pursue these owners but it could take some time (this is the second such letter in six months). In the meantime he still has the fees for repairs, gardening etc deducted by direct debit; presumably all the 'good' payers do.
So he's paying this sum for the foreseeable future for no service at all. It's not feasible to try and get everyone in all the buildings to move together to another factor, so he's wondering about withholding part of his payment until services are restored. I can't really see any way out of this - has anyone had similar experiences?

gazebo

Yes, I have been in that frustrating position. If he withholds payments, he will only be compounding the problem, and be subject to debt collection chasing too.

It is a particular problem where developments have been bought by absentee landlords who don't make payments.

Can't really offer advice other than do not stop paying and visit citizens advice or the Govan Law centre for further info (govan law place will deal with all areas not just as title suggests)

nlamont

Thank you. Citizens Advice couldn't offer me anything other than that we should exhaust the factor's complaints procedure first. I'm not sure what exactly to ask for. I'll contact Govan as you suggest - I didn't realise they deal with everyone. Thanks for your help.

pogofish

Maybe find out why the clients are defaulting?

IME that is usually because the factor is failing in the service they contracted to provide. Cowboy factors are surprisingly common TBH.

And if your son contracted with them to provide cleaning, gardening and repair, he should be getting just that, regardless of the arrangements with other occupants - or at very least, he should be getting a very substantial refund until the matter is sorted.

gazebo

your son should be contacting the factor and asking for a copy of their complaints procedure, in writing.

Then, he needs to follow the complaints procedure to the letter - and when I say letter, I do mean as worded and by sending all correspondence and communication in writing using a recognised way of tracked delivery.

He should give clear timescales during correspondence to ask for a reply (make sure they are reasonable -as in, seven working days - fourteen working days etc) and he should point out he will be seeking legal advice (this isn't a threat, it's just to alert them to the fact he won't back down)

If you know the name of the factor (I'm not asking you to post it here), they may have a website which will outline their complaints procedure.

The important thing here is that it is your son as the client who should be dealing with this, also, everything needs to be done in physical written letter format so that he has copies of everything,.

Just in case those points have been missed previously. My initial response was done whilst I was half asleep.

Good luck

gazebo

http://www.scotland.gov.uk/Topics/Built-Environment/Housing/privateowners/propertyfactors/2011Act

this may also be of some use to your son

nlamont

Thanks very much. The main question I had was whether it's reasonable for them to keep getting paid while not providing the service for the foreseeable future; the company is a big one, with offices across Scotland and they do have a two-tier issue resolution statement on their site so we'll follow that; they also state that you can go to the Home Owners Housing Panel if you're not satisfied. I asked them first for informal advice but they wouldn't speak to me at all, until we've exhausted the factor's complaints procedures.

I'll have a chat with Govan and then do a formal, documented complaint as you suggest.

I appreciate you taking the time to help.

kayl

He should not need the consent of all the other owners to move to different factors.
This will usually be dealt with in a Deed of Conditions included within the title deeds. Normally you would expect this to deal with the procedure to call a formal proprietors' meeting, and what can be decided at this which would be binding on everyone, and I would expect it to provide that a majority of proprietors could vote to change the factors.