Response 54502704

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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.
Whilst evidence has proved that some Property Factors have exceeded the stated standards, some Local Authority Factors are picking and choosing the elements they wish to adopt which turns out to be well below the minimum standard required.

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
Clearly stated for both Property Factors and Owners to understand although some might find it challenging.

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.
Although Communication and Consultation are very poorly handled by some Factors perhaps more emphasis should be included on the importance of getting this right!

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).
Clearly states the requirements.

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.
Should be standardised across the board so that all Property Factors whether large or small should adhere to the same rules and procedures therby removing the opportunity to please themselves with the information they feel they want to provide.

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).
Although it clearly states what should happen, in practice this is not the case with some Property Factors who don’t see why they need to communicate/consult disregarding the fact that they should be ‘Open and Transparent’ at all times. Perhaps adding in the words‘must do’ would make a difference.

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?
Please explain your answer making reference to the relevant requirement(s) of the draft revised Code (where applicable).
Seems clearly stated for all to understand.

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?
Please explain your answer making reference to the relevant requirement(s) of the draft revised Code (where applicable).
Same answer as previous question.

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).
Same answer as previous 2 questions.

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?
Please explain your answer making reference to the relevant requirement(s) of the draft revised Code (where applicable).
Again this requires stronger wording as at present it is open to some Local Authority Property Factors interpreting as they wish to the detriment of the Owners.

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).
Clearly states what is expected although some Property Factors choose to ignore the guidance.

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.
Most definitely so all are working the same rules therby leaving no excuse for abuse.

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)?

Both are clearly defined for the most part and Property Factors who do not adhere to it should be held accountable.

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)?
They should really be raised and acted upon quicker but maybe reduce to two years.

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.
Can see none.

14b. Equalities

Please select one item
Yes
No
Unsure
Please explain your answer.
There should definitely be none although it depends on the attitude/prejudices of the individual in the role e.g. one Local Authority Property Factor makes it clear that he dislikes Owners especially those in Multi Storey blocks!

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
Please explain your answer making reference to the relevant requirement(s) of the 2011 Act where applicable.
Feel more Regulation is required for Local Authority Property Factors as some are a law unto themselves and feel they are untouchable.

About You

Are you responding as an individual or an organisation?

Please select one item
(Required)
Individual
Organisation

What is your organisation?

North of Scotland Regional Network 1