Appointing a factor in Scotland

by Readers Question

13:10 PM, 2nd November 2015
About 3 years ago

Appointing a factor in Scotland

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Appointing a factor in Scotland

I have a couple of BTL properties in Scotland with no factors in place and would like to appoint a factor to manage general upkeep and repairs. As part of the process I require the consent/agreement from the owners within the block as once a factor is appointed, the respective owners are liable for their part of the annual factor costs.Scotland

I have written to the concerned flats several times now but have not heard back from anyone. As I am not located in the area itself I rely on slowmail. Are there any other options available for me e.g. representative for hire for the purpose of appointing a factor?

Thanks in advance.
LW



Comments

Si G

13:30 PM, 2nd November 2015
About 3 years ago

Hello LW suggest to contact the local council for advice they will have a list of factors also try to find out if adjoining blocks are factored and who is the factor lastly look at the deeds for conditions/split of costs. If you can let me know town/city and approximate age of properties can then comment further.

dounegardens

14:24 PM, 2nd November 2015
About 3 years ago

LW I will watch your post with interest. I own a flat in a tenement block in Glasgow. There are 8 flats in the close. We have tried on a number of occasions to appoint a factor but are no further forward. 6 out of the 8 owners want the building factored but one doesnt and another owner isnt bothered either way. We could not get a factor to take us on without 100% agreement from all owners. Very frustrating.

Florance Kennedy

15:03 PM, 2nd November 2015
About 3 years ago

I run a small Edinburgh-based company which encourages owners to undertake mutual repairs by forming an owners' association. http://www.edinburghstairs.org.uk. I have a buy-to-let flat in Greenock where this works well, and have also had properties in Edinburgh and Glasgow. I'd be happy to be your 'representative for hire' to help set up such an association, or indeed just find a factor. I think you do need somebody to actually meet with the flat-owners to get anything off the ground.

Florance Kennedy

15:06 PM, 2nd November 2015
About 3 years ago

PS to all - you do not need 100% consent to undertake mutual repairs, only a majority, although obviously getting the money out of non-consensual owners is not necessarily easy (and factors can of course impose their own conditions). The Tenements Act Scotland 2004 clarified this.

Lenny Winsel

15:21 PM, 2nd November 2015
About 3 years ago

Apologies in advance for not including a proper name.

@Simon/previous commentor-Same as the earlier commentor I also own a flat within a 8 flat tenemant block but have not been as lucky as getting 6 Yes. As I understand it once a majority has agreed to appointing a factor the remaining flats would be liable for their share of the factor costs.

@Florance-I will be in touch to explore how you could assist my situation.

I would have thought having a factor is the most sensible option and am puzzled with the lack of responses from my slowmail.

Lenny Winsel


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