r/Scotland 1d ago

Revealed: the great property factor scandal

https://www.thetimes.com/uk/scotland/article/revealed-homeowners-face-big-bills-from-factors-they-cant-hold-to-account-cqj888hc5?utm_source=reddit&utm_campaign=scotland&utm_medium=story&utm_content=branded

One year after Kristian Stevenson bought his first flat, the 34-year-old received an unexpected demand for £4,000.

The property factor who looks after the roof, garden and maintenance of his tenement flat in Cessnock, Glasgow, claimed that he was liable for a debt owed by somebody else in the building.

The letter from 91BC, which manages almost 4,430 properties, said: “Our role as factor is to facilitate communal works and charges relating to your building. We have exhausted our debt collection process and as a last resort, we must reapportion this debt to you.”

The £16,000 bill for the building, which Stevenson said was run up before he purchased the two-bed property, had never been mentioned in conveyancing and he was liable to pay £4,200. Nothing existed in the title deeds to suggest he would be culpable for somebody else’s debt. The factor said the deeds were outdated and he must pay the bill according to their written statement of service, which he said he did not receive until two years after moving into the property he bought for £180,000.

The statement of service did state that homeowners were jointly liable for debt, even if they did not cause this themselves, as is the case for most property factor contracts.

Stevenson, a freelance TV and film production co-ordinator, pays about £130 a month to 91BC and said the “absurdly high bill” included £6,000 in late payment fees and legal fees the property factor paid when chasing the other owner’s debt.

“If I was to pay this off it would wipe out any savings I’ve rebuilt,” he said. “A substantial bill without notice, consultation or even a real explanation is both unethical and a poor business strategy.

“Dealing with a massive sum of money like that puts significantly a lot of pressure on me.”

There are hundreds of thousands of property owners like Stevenson across Scotland collectively paying tens of millions of pounds each year to factors who are almost impossible to hold to account.

A long multi-step complaints process, which requires homeowners to compile evidence and documents and often take legal advice, has been blamed for poor regulation and accountability of property factors.

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u/Illustrious-Welder84 1d ago

Unfortunately that is not the factors fault. They are there to facilitate things, they cannot force the owners to act. I've been the surveyor in jobs like that and we can only help the factor communicate why it is important. Your son would be best to talk to the others that are objecting.

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u/Apprehensive-Mix7192 1d ago

I guess but if it is on the deeds that you are required to pay for repairs and such like why put it to a vote?

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u/Illustrious-Welder84 1d ago

Because people can argue until the cows come home if work is really required, or even that work is required, but what's planned is excessive, or not competitive etc.

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u/Apprehensive-Mix7192 1d ago

Ahh thank you makes sense x