Tenement Factoring Difficulties - Scotland

anewloginapparently

Hi, I was wondering if someone who knows Scottish property issues/law could help me and some of my neighbours. 

I live in a turn of the century tenement flat that I own in Glasgow. There are 11 flats in total. 

Unfortunately our factor is Hacking and Paterson, who are pretty notorious for being rip-off merchants. We pay £75pm for pretty much nothing (stair cleaning once a week, lighting, grass cutting every now and then and building insurance). Other much better kept tenements near us are usually around £45pm. 

Anyway recently they sent out a mailshot to all of their closes proposing redecoration of the close. Unfortunately they got 6 votes in our close so are now proposing to go ahead. 

They are charging £4500 for the close, or just over £400 per flat. 

Myself and two of the other owners are not happy about this. We agree that the close needs redecorating but are unhappy that H&P have not consulted us on the nature of the work or the colour scheme to be used. We also feel that the price quoted is ridiculous. 

We have asked H&P to provide us with information about the work that will be completed but they haven't done this. When asked to provide proof that they had put the works out to tender and sought several quotes they instead told us that they obtained two quotes for their entire portfolio and not for our individual tenement. 

I am writing to all the other owners (albeit most are absentee landlords) to try to rally another 3 votes to sack H&P and install a reputable factor in their place. However H&P are being very difficult and not replying to any of our queries regarding the decoration work. 

So can I ask:

a) Can H&P go ahead with the work without having obtained several quotes and putting these to the owners?
b) Since the works are decorative and not structural would myself and my two neighbours be within our rights to refuse to pay?
c) What would happen if we were to refuse to pay?
d) What is required to sack H&P as factor and install a reputable factor?

Any help you can give us would be much appreciated. 

weeg

A. Yes, they can if your neighbours have agreed. Especially for a relatively small amount. (which I think means under £5k by their code of practice)
b. Again, if the neighbours have agreed, the majority rule and you're stuck with it.
c. They can (and will) take you to small claims court
d. Majority agreement, settle all debts and appoint new. Another factor may well assist you with this if they want the work.

You have my sympathy. They were my factors in a previous flat, before we sacked them. There was a complaint about the back door to the close sticking, which they fixed by taking the door off! I refused to pay, because that's clearly not an appropriate solution even if the door no longed jammed shut (!). They took me to small claims and won.

I did once get answers by turning up at their office and insisting I spoke to someone.