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MSP wants bill to register property factors

27 Mar 07

Gordon Jackson "amazed" at current lack of regulation

The MSP Gordon Jackson has proposed a bill to make it easier for homeowners to settle disputes with their property factors.

The Govan MSP says the activities of factors are a source of serious concern for his constituents, with many people complaining about excessive invoices, high rates of compound interest and penalty charges.

In his foreword for the proposed member’s bill, drafted with help from Govan Law Centre, Mr Jackson said: “Some constituents say they do not know why they are being charged for certain things and when they ask for proof they receive none.

“Others tell me it is impossible to query the need for certain repair or improvement works. The present solution of paying for a private arbiter or raising sheriff court proceedings can be financially impossible for many hardworking people.”

Mr Jackson said he was amazed to discover that property managers are by and large unregulated in Scotland.

His proposed bill would require property factors to register and meet minimum standards including a "fit and proper person" test. It would also extend the remit of the private rented housing committee to hear and resolve disputes between homeowners and factors.

Property factors undertake a range of management tasks, such as hiring, supervising and paying day-to-day maintenance workers including caretakers, cleaners or gardeners, arranging for repairs to be carried out and taking charge of a joint maintenance bank account. However Govan Law Centre is frequently consulted by homeowners unable to resolve basic disputes with their factors.

The proposal can be found at http://www.scottish.parliament.uk/business/bills/membersBills.htm . The consultation runs until 29 June.

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