Under consideration PE2094: Review The Property Factors (Scotland) Act 2011 and expand the remit of First-tier Tribunal to include commercial properties

Calling on the Scottish Parliament to urge the Scottish Government to review the legislation on property factors and take steps to ensure commercial properties are also protected; and expand the remit of the First-tier Tribunal for Scotland (Housing and Property Chamber) to allow it to consider cases affecting wholly commercial properties.

Background information

Commercial properties aren’t currently protected under property factor laws, nor is there a complaint procedure to take action against a commercial factor for failing to provide minimum service standards.

My property is an office in Glasgow, where the factor has failed to meet the minimum service standard set out in the 2011 Act. However, this Act only allows homeowners to seek a property factor enforcement order.

The roof of the building has come in and the property insurance was going to be voided. I’ve complained in writing and confirmed the factor has no contract with anyone in the building. They have no provision in the title deeds of the property, yet they continue to bill and mismanage the property.

Due to the gap in the legislation, there’s no punishment for them as the property is entirely commercial. We would only be able to get help from the First-tier Tribunal if one or more of the property occupants was residential. It’s a massive loophole that’s being exploited.

  • Created by Alban Bartley-Jones
  • Considered from 10 April 2024
  • Petitions can collect signatures until the petition has been closed

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