Living in a tenement, flat or shared building in Scotland often means a property factor manages communal repairs, cleaning, insurance and accounts on behalf of owners and tenants. As a tenant or renter you should know what a factor must legally do, how to ask for repairs, what records you can request and when to escalate problems to the First‑tier Tribunal. This guide explains the main duties property factors owe under Scottish law, how to use official forms, practical steps for common repair or billing disputes, and what evidence helps your case. It is written for people renting or privately owning in Scotland and uses plain language so you can act with confidence.
What is a property factor?
A property factor is a person or company appointed to manage common parts, organise repairs, collect payments and keep accounts for a block or communal property. Factors act for owners but their decisions can affect tenants and renters who use shared services or pay factor-managed charges. If you rent, you may not have appointed the factor yourself but you still have an interest in safe, well-maintained communal areas.
Key duties property factors must follow
- Provide a written statement or notice of services and charges so residents can see what is covered and how fees are calculated.
- Arrange repairs and maintenance for common areas and communal systems, including timely responses to issues that affect safety or habitability.
- Keep accurate accounts and records of payments, invoices and repairs so owners and affected tenants can request evidence.
- Respect privacy and access rules when arranging entry for inspections or repairs and give reasonable notice before entering private flats.
- Provide clear invoices, handle refunds correctly and avoid charging for services not provided or agreed.
FAQ
- Who enforces property factor duties in Scotland?
- The First-tier Tribunal for Scotland (Housing and Property Chamber) hears disputes about factor duties and can make orders to enforce standards.
- What can I ask my property factor to fix?
- Ask for repairs that affect safety or habitability, such as heating, water, roofing, lifts and communal lighting; always make requests in writing and keep copies of messages and photos.
- How do I start a complaint or tribunal application?
- Start by complaining in writing to the factor, allow a reasonable deadline for response, collect evidence and, if unresolved, submit an application to the First‑tier Tribunal using the official application form.
- How long do tribunal cases usually take?
- Times vary by case and caseload; simple applications may be decided in a few weeks while more complex disputes can take several months.
How-To
- Contact your property factor in writing describing the issue, request the action you want and set a reasonable deadline for repair or response.
- Gather evidence: photos, dated messages, receipts, invoices and any written statements about what was promised or charged.
- Give the factor time to respond and, if the deadline passes without satisfactory action, send a follow-up reminder and state you may apply to the tribunal.
- Use the official tribunal application form to apply under the Property Factors (Scotland) Act 2011 when the factor will not comply; include your evidence and a clear statement of the remedy you want. Apply to the First‑tier Tribunal (forms and guidance)[3]
- Attend any hearing or provide additional documents if asked; hearings can be paper-based, by phone or in person depending on the case.
- Keep a final record of the tribunal decision, any orders, and follow up to ensure the factor implements required actions.
Help and Support / Resources
- First‑tier Tribunal for Scotland (Housing and Property Chamber)
- Property Factors (Scotland) Act 2011
- Scottish Government housing guidance
