Meeting of the Parliament 23 May 2018
Yes. I do not disagree with that at all, but we need to ensure that they operate properly.
I do not want to give the impression that we are talking about an industry of rogues. It is not. The number of tribunal cases is small in relation to the size of the client base, and most factors do not get rulings against them when they appear. However, Property Managers Association Scotland told me:
“The industry generally would benefit from robust action against any firms consistently failing to meet required standards.”
I am glad that the Government agrees with us on that.
Apex Property Factor came to my attention when I was asked to help one of its clients. Sophie Wells is an owner-occupier in a block of flats in Motherwell. Earlier this year, she came to me in desperation, so I went to see her, and my blood boiled. In 2014, lead flashing was stolen from the building, and it has never been replaced. Water leaks into the building, and the wood is rotting. Parts of the ceiling are missing and walls are damp and mouldy. They are green—and that is not the colour of the paint. Doors have been kicked in by drug addicts, windows are broken and downpipes are missing. Repairs have not been carried out. In December 2016, the communal areas were without lighting. Residents asked for help from Apex Property Factor. The lighting was not fixed, so Sophie and a neighbour rigged up their own.
General complaints relate to invoicing for cleaning and maintenance works that have not been done. Sophie has cleaned the block herself, cut the grass, picked up litter and redecorated inside and outside. The main door to the block has been replaced by Sophie and a neighbour. The intercom system has been vandalised and does not work.
I recently met officials from North Lanarkshire Council, who are not prepared to use the powers that they have to get anything done to help the residents. They should be ashamed of themselves. As I said earlier, Apex Property Factor is one of a number of firms with multiple rulings against them.
I will tell members about one of the cases heard by the tribunal, which involved a property in Renfrew and an invoice for repair works. The property owner asked to see the three competitive quotes that the factor had received for the work, and three quotes were provided. Quote 1 was from Real Building Contractors, but there was no company address or VAT number. Quote 2 was from Concept Builders, but the quote was dated after the request for three competitive quotes. The applicant tried to call the telephone number on the quote, but it was not in use; the website listed did not exist; the postal address was a mail-drop box company; and the applicant found a company with the same name, but it denied having provided the quote. Quote 3 was from Quality Property Maintenance, but with no date, no VAT and no address, and the land-line telephone number turned out to be a branch of a shoe shop at Parkhead Forge. The case goes on to establish various breaches of the code.
I have some suggestions. We should introduce a ratings system for factor companies, there should be a flagging system, there should be better consumer support, and it should be possible for applicants to mention things to the tribunal that they have forgotten to put on their complaint form. We need to look after what we have and we need the system to do it.
I move,
That the Parliament believes that existing legislation is inadequate in dealing with the condition of Scotland’s tenement housing stock; backs calls for changes to legislation including, for example, having mandatory building health checks; believes that property factors can play a part in a new system; considers that there are property factor companies that perform their duties well, but that there are some that are performing poorly; acknowledges the limited role of the First-tier Tribunal for Scotland (Housing and Property Chamber) in improving the performance of property factors and considers that the system for members of the public to make complaints should be improved; believes that there is a need for a more robust process to remove property factors that repeatedly break the property factors code of conduct or duties, and calls on the Scottish Government to review the current system.
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