Property Factor late payment fees - Scotland

Da_Crojanz

Live on a newish build estate and pay a quarterly factors fee to a local company. Like all of them they are a fairly grubby business and rarely carry out the work they are meant to do to any sort of standard. The general opinion of them around the estate is very low and many residents just refuse to pay them.

I have also refused in the past but decided to pay recently after the communal grass areas were cut and some of the litter removed. The company are however trying to push for a £25 admin fee for late payment. At the minute I can't see how these admin costs were incurred to them as all they have done is send 2 automated reminder emails.

Do I have to pay this? It's only £25 and I know if I just refuse there's probably not much they can do, but I don't want threats of legal action hanging over me. The company do less than the bare minimum and like most factors have a shady reputation at best so I'm loathe to give them more money.

2011 legislation in Scotland stated that late payment fees have to relate to costs incurred and not just be a penalty. Have used this as a recourse so far.

https://underoneroof.scot/articles/1107/Impact_of_the_Propert_Factors_Act/Property_Factors_Code_of_Conduct

theartfullodger

Suggest you use the Tribunal set up to deal with such disputes (amongst other things...)
https://www.housingandpropertychamber.scot/apply-tribunal/property-factors

In your shoes I'd always pay "under protest" (in writing) to avoid yet more fees or disputes, then later argue the matter through the tribunal.

Stating ## Like all of them they are a fairly grubby business and rarely carry out the work they are meant to do to any sort of standard  ## may be rather legally unwise (libel).  I don;t have the evidence to prove they are ALL like that, do you??

user1977

Da_Crojanz said:

Live on a newish build estate and pay a quarterly factors fee to a local company. Like all of them they are a fairly grubby business and rarely carry out the work they are meant to do to any sort of standard. The general opinion of them around the estate is very low and many residents just refuse to pay them.

Any mileage in sacking them and getting somebody else to do it then? (assuming it's not so new that you're still within their initial minimum term)