Who is responsible for common-area charges?
In Scotland, a property factor manages shared parts of a building or development, such as stairwells, roofs, lifts, gardens and communal lighting. The factor usually has a contract with the owners, not directly with tenants. Your landlord may nevertheless try to recover some costs through rent, a separate charge or a tenancy clause.
Start by checking your tenancy agreement and any written information about utilities, services and additional charges. A landlord should be able to explain what the charge covers, why you are liable for it and how the amount was calculated. A factor's invoice alone does not automatically make every cost payable by a tenant.
Check whether the charge is allowed
Look for wording about communal cleaning, maintenance, gardening, building insurance, shared electricity or management fees. Compare the wording with the invoice and ask whether the cost is a one-off repair, a regular service or an administration fee. Also check whether the amount is included in your rent, because charging it again separately could create a double-charge problem.
- Compare the amount requested with the rent and any agreed service charges.
- Check invoices, receipts, service schedules and previous statements for unexplained changes.
- Read any written notice or demand carefully and note the date by which payment is requested.
- Check whether the charge relates to a service that the tenancy agreement actually makes your responsibility.
For a private residential tenancy, the Private Housing (Tenancies) (Scotland) Act 2016 is the main legislation governing the tenancy relationship.[1] It does not mean every factoring cost is automatically unlawful, so the contract and the facts remain important.
Request information from the landlord or factor
Write to the landlord first if the charge was passed on by the landlord. Ask for the relevant tenancy clause, the factor's invoice, your share of the cost, details of the work and confirmation of whether the charge is being treated as rent or another payment. If the factor's service itself is poor, send a separate complaint to the factor using its complaints procedure.
Keep your tone factual and give a reasonable date for a response. Do not ignore a demand or stop paying rent because of a disagreement about a separate charge. If you believe the charge is not due, explain why and ask for written confirmation while seeking advice about any amount that remains undisputed.
Gather evidence for a dispute
Good records can show whether the charge is inaccurate, excessive, duplicated or unsupported. Keep the tenancy agreement, rent statements, invoices, letters, emails and photographs of the shared areas. A dated log can record missed cleaning, unresolved repairs or services that were not delivered.
- Save every invoice, receipt, email and message in one folder.
- Record dates, amounts, descriptions of work and any conversations with the landlord or factor.
- Take dated photographs or videos where the condition of a shared area is relevant.
- Make a simple calculation showing the difference between the amount requested and the amount you believe is supported.
Use the factor's complaints process
Property factors in Scotland must have a written complaints procedure and follow the Property Factors (Scotland) Act 2011 and the Scottish Government's Property Factors Code of Conduct.[2] Follow the procedure in order, usually beginning with a clear written complaint and then escalating it to the factor's senior manager or final stage.
Explain the outcome you want, such as an itemised account, correction of an error, repayment of an overcharge or action to address a service failure. Keep proof of delivery and copies of everything you send. A factor should not dismiss a complaint simply because you rent rather than own, but the tribunal route may depend on whether you are an affected owner or have another legal basis to apply.
When the First-tier Tribunal may help
The First-tier Tribunal for Scotland (Housing and Property Chamber) can deal with certain private tenancy disputes and property-factor applications. A property-factor case is generally brought by an owner or another person who meets the legal requirements, rather than automatically by every tenant. A tenant may need to ask the landlord to challenge the factor or consider a separate tenancy claim if the landlord is demanding an unlawful or unsupported payment.
Before applying, check the tribunal's current guidance and eligibility requirements. An application should set out the issue, identify the respondent, explain the steps already taken and include supporting documents. The tribunal can decide the dispute within its powers, but it cannot rewrite a tenancy agreement simply because a charge feels expensive.
Relevant forms and practical use
- Property Factor application form: use the current First-tier Tribunal form when an eligible applicant wants the tribunal to consider a factor's failure to comply with its duties, such as refusing to provide proper information after the complaints process; attach the complaint correspondence and invoices.
- Private residential tenancy application form: use the current Housing and Property Chamber application route when your dispute concerns the landlord's conduct or a tenancy payment within the tribunal's jurisdiction; for example, you may apply where a landlord treats an unsupported common-area demand as a tenancy charge, if the issue falls within the tribunal's powers.
- Supporting documents: there is no substitute for evidence, so attach the tenancy agreement, rent records, invoices, complaint response and a dated timeline rather than sending only a short statement.
Possible outcomes and next steps
A successful challenge may lead to a corrected invoice, repayment, removal of an unsupported charge, better service or a direction to follow the factor's legal duties. The result depends on the contract, evidence and the decision-maker's powers. If the amount is substantial, you face eviction or the landlord threatens to treat the charge as rent arrears, obtain urgent independent advice before deciding whether to withhold anything.
Frequently Asked Questions
- Can a landlord pass factoring charges to a tenant in Scotland?
- It depends on the tenancy agreement and the nature of the charge. Ask the landlord to identify the contractual term and provide a clear calculation before accepting liability.
- Can a tenant complain directly to a property factor?
- Yes, a tenant can raise service concerns with the factor, although access to the statutory tribunal route may depend on the applicant's legal status and the type of dispute.
- What evidence should I keep?
- Keep the tenancy agreement, invoices, rent statements, emails, complaint responses, photographs and a dated record of services or repairs.
- Can I stop paying rent because I dispute a factoring charge?
- Stopping rent can put your tenancy at risk, so do not withhold rent without specific advice about your contract and circumstances.
How-To: Challenge a Factoring Charge
- Collect the tenancy agreement, invoice, rent records and evidence of the shared-area service.
- Compare the charge with the contract and calculate the amount you believe is unsupported or duplicated.
- Send a written request to the landlord for the contractual basis, itemised costs and payment explanation.
- Use the factor's formal complaints procedure if the dispute concerns the factor's service or records.
- Check the First-tier Tribunal's current guidance and submit the appropriate application if you are eligible and the complaint remains unresolved.
Key Takeaways
- Keep a complete record of every factoring charge and related message.
- Ask the landlord and factor for an itemised explanation in writing.
- Do not risk rent arrears by withholding rent without appropriate advice.
Help and Support / Resources
- mygov.scot: Private residential tenancy guidance
- mygov.scot: Property factors and complaints
- First-tier Tribunal for Scotland (Housing and Property Chamber)
