Response 232968833

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Part One - Impact of the Original Code of Conduct for Registered Property Factors

1. Do you think the original code of conduct for property factors has led to improvements in the quality of factoring services provided to homeowners by property factors?

Please select one item
The Code has made significant improvements
The Code has made some or slight improvements
Code has made no improvements
Or tick here if you are unsure
Please explain your answer below making reference to the relevant requirement(s) of the original Code where applicable.
The code ensures that there is a written statement of service provided to all home owners which sets out guidelines which in turn will drive a better level of service throughout the sector.

Part Two - Proposals on a draft ‘revised’ code of conduct for property factors

2. Does the Code’s introductory text clearly explain its purpose, who it applies to and the broader regulatory background?

Please select one item
Yes
No
Unsure
Please explain your answer
A clear definition.

3. There are currently seven themes featured in the Code. These are:

Please select one item
Keep the themes of the revised Code (as drafted)?
Change the wording of the themes in the revised Code (as drafted)?
Propose any additional themes to the revised Code?
Remove any themes in the revised Code (as drafted)?
Or tick here if you are unsure
Please explain your answer.
Covers all main aspects of the business.

4a. Section 1 of the draft revised Code proposes the requirements for the provision of a written statement of service to homeowners and the information which should be included in the statement of service. Different requirements may apply depending on whether the land is owned by a group of homeowners or whether the land is owned by a land maintenance company or a party other than the group of homeowners.

Please select one item
Keep the requirements of Section 1 of the revised Code (as drafted)?
Change any requirement(s) of Section 1 of the revised Code?
Let us know if you are unsure?
Please explain your answer making reference to the relevant requirement(s) of the draft revised Code (where applicable).
second bullet point at 1.2 - consider deleting? as an impending change of ownership may not happen.
third bullet point at 1.2 - sending a written statement of service on an annual basis is not necessary and costly. could be changed to send when there are relevant changes.

maybe consideration should be made that the written statement of service should be provided as part of the conveyancing process.

4b. The Code sets the standards on what information should be included in the written statement a property factor must provide to homeowners however does not specifically prescribe a standard format and/or structure on how that written statement of service should appear.

Please select one item
Yes
No
Unsure
Please explain your answer.
standardised written statement of service should be provided as a template for guidance to factors.

5. Section 2 of the draft revised code proposes the minimum standards and requirements for how a property factor should communicate and consult with homeowners.

Please select one item
Keep the requirements of Section 2 of the revised Code (as drafted)
Change any requirement(s) of Section 2 of the revised Code?
Let us know if you are unsure?
Please explain your answer making reference to the relevant requirement(s) of the draft revised Code (where applicable).
2.2 - consider removing information should be published - discriminating against factors that have a website.
2.8 (c) - no charge for providing information electronically - could potentially be costly in pulling information together. Reasonable administration charges should be applicable.
2.9 - change sentence "and may supply each other with any necessary information" change to " and will supply each other with any requested information"
this conflicts with 7.5 complaints resolution.

6. Section 3 of the draft revised code proposes the minimum standards and requirements for how a property factor should undertake any financial obligations it has with homeowners.

Please select one item
Keep the requirements of Section 3 of the revised Code (as drafted)?
Change any requirement(s) of Section 3 of the revised Code?
Let us know if you are unsure?

7. Section 4 of the draft revised code proposes the minimum standards and requirements for a property factor to follow in circumstances where it is recovering debt from homeowners and/or informing other relevant homeowners of such action.

Please select one item
Keep the requirements of Section 4 of the revised Code (as drafted)?
Change any requirement(s) of Section 4 of the revised Code?
Let us know if you are unsure?

8. Section 5 of the draft ‘revised’ code proposes the minimum standards and requirements for a property factor to follow in circumstances where it is required to hold insurance and/or arrange insurance on behalf of homeowners.

Please select one item
Keep the requirements of Section 5 of the revised Code (as drafted)?
Change any requirement(s) of Section 5 of the revised Code?
Let us know if you are unsure?
Please explain your answer making reference to the relevant requirement(s) of the draft revised Code (where applicable).
5.2 how should the annual insurance statement be provided? is accessing through a web portal and app sufficient?

9. Section 6 of the draft revised code proposes the minimum standards and requirements for a property factor to follow in circumstances where it is arranging for repairs and maintenance to be undertaken.

Please select one item
Keep the requirements of Section 6 of the revised Code (as drafted)?
Change any requirement(s) of Section 6 of the revised Code?
Let us know if you are unsure?

10a. Section 7 of the draft revised code proposes the minimum standards/requirements for a property factor to follow in circumstances where it is handling and/or resolving complaints from homeowners.

Please select one item
Keep the requirements of Section 7 of the revised Code (as drafted)?
Change any requirement(s) of Section 7 of the revised Code?
Let us know if you are unsure?
Please explain your answer making reference to the relevant requirement(s) of the draft revised Code (where applicable).
consider removing 7.6

the complaints process can be used as a delaying tactic to pay any outstanding debt.

consider introduction of filtering process between factors complaints procedure and FTT to remove any vexatious or irrelevant claims.

10b. It is recognised that property factors vary in organisation size and many have different internal structures, hierarchies and operating procedures. The draft revised Code currently requires a property factor to provide homeowners with a clear written complaints resolution procedure however does not specifically prescribe a standardised approach to complaint handling which should be followed by all property factors.

Please select one item
Yes
No
Unsure
Please explain your answer.
It is a good idea however as a subsidiary of a Housing Association we adopt their policy and any standardised policy would need to take consideration of other regulating bodies.

11. Do you have any other comments on the draft revised code and its appendices i.e. glossary (as published as part of this consultation)?

None

Part Three - Proposed Modification Order

12. For the limited purposes described above, should a de-registered property factor, be required to comply with the Code, including property factor enforcement orders, despite removal from the register of property factors? Choose from the following options:

Please select one item
Yes
No
Unsure

13. Should a three year time limit be introduced for homeowner applications to be initially lodged with the First-tier Tribunal for Scotland Housing and Property Chamber? Choose from the following options:

Please select one item
Yes
No
Unsure
Please explain your answer making reference to any alternative suggested timeframe or criteria (if applicable)?
A shorter time period would be more suitable as information on their application may no longer be available to meet new GDP regulations.

Part Four - Impact Assessments

14a. Are there any proposals in this consultation which have any financial, regulatory or resource implications for you and/or your business (if applicable)? Choose from the following options:

Please select one item
Yes
No
Unsure
Please explain your answer.
as previously mentioned the production of an annual written statement of service and insurance details and any information requested by owners at no charge.

14b. Equalities

Please select one item
Yes
No
Unsure

Part Five - Impact of the Property Factors (Scotland) Act 2011

15. In addition to the Code, do you think the wider requirements of the Property Factors (Scotland) Act 2011 (2011 Act) has led to improvements in the regulation of property factors? Choose from the following options:

Please select one item
The 2011 Act has made significant improvements
The 2011 Act has made some or slight improvements
The 2011 Act has made no improvements
Let us know if you are unsure

About You

Are you responding as an individual or an organisation?

Please select one item
(Required)
Individual
Organisation

What is your organisation?

Queens Cross Factoring