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 The factor said the deeds were outdated and he must pay the bill according to their written statement of service, which he said he did not receive until two years after moving into the property he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/Creative-Cherry3374 1d ago

We think the communal electricity charge actually relates to the social housing part of the development (which is supposed to be managed entirely separately). It should be an easy enough question to answer, since none of us have any communal electricity, but James Gibb seem to have run up thousands of bills for it.

We don't have any communal stairwells or emergency lighting. All the houses have their own front doors.

It seems to be quite a nice little earner for them. How they think they can get away with such thieving is a mystery, but they are clearly confident enough they will never be brought to account.

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u/Alasdair91 Gàidhlig 1d ago

They get away with it because 1) the law is written to benefit them, 2) the First Tier Tribunal system is in undated with complaints and can’t move things forward at pace and 3) the Scottish Government ultimately won’t intervene (we have this in writing from the Office of the Housing Minister).

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u/Creative-Cherry3374 1d ago

Was a reason given by the Housing Minister for that?

Other that too many snouts in the trough?

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u/Alasdair91 Gàidhlig 1d ago

They told us that:

“The Scottish Government is unable to intervene in disputes between parties as the Tribunal is the appropriate route of redress that is available to homeowners who have a dispute with a property factor. It is right that that the justice system remains independent of the Government.”

The issue is that the system isn’t working and ultimately, the Scottish Government and Ministers make the laws and can intervene (which a FOI from 2022 we found shows they have done in the past), but instead they just sit back and ignore the problem. Upon raising this situation and need for further protections, they said:

“With regards to your final question, there are no legislative or regulatory reforms to provide homeowners with greater protection against negligent property factors under consideration at this time.”

Basically, good luck losers.

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u/Creative-Cherry3374 1d ago

Amazing how all those MSP's managed to get legislation passed for their special interests in the property market, particularly rental properties (and have mainly succeeded in making rents more expensive and in the creation of super-landlords and gigantic Edinburgh HMOs (50 person or more) which didn't exist before the raft of legislation.

But its all "oh no? Legislation? Never heard of such a thing. You expect us to pass legislation to solve a growing problem in a particular market? Thats not what we are here for!"

They do like to control people's lives, don't they? The peasants must not be allowed too much freedom.