Meeting of the Parliament 09 January 2014
I thank the other Justice Committee members and the clerks, and I also thank Jenny Marra, who proposed that we carry out an investigation into the provisions on title conditions. Although the legislation may seem complicated and dry, it is very much a people’s act and it affects many people’s lives.
I thank the minister for her comments on access to the Lands Tribunal for Scotland. That issue has certainly caused much anguish in my constituency in the west end of Glasgow, where people who wished to appeal against a development being built in a front garden of a property, of all places, found that it would cost them tens of thousands of pounds. I appreciate that the Government is progressing recommendations in that respect, because we need to look at the issue. We should not expect ordinary people to have to spend £10,000 or £20,000 on appealing against a development.
Another issue is the switching of factors. I take on board Patricia Ferguson’s comments about the Homeowners Housing Panel, which I agree has done a fantastic job. There are problems at times with the two-thirds majority requirement and with absentee landlords, and it is important that we look at those issues. The committee received evidence to suggest that the Data Protection Act 1998 is not a barrier and does not prevent factors from giving out the names and addresses of other proprietors.
I welcome the minister’s comments and the Scottish Government’s move forward in that regard. The problem of absentee landlords is not just about repairs but about getting something done in a tenant’s property or wherever. It is important that everyone is told about the repairs that are to be done, how much they may cost and where things will go from there.
I want to comment on the situation of switching factors. I have many cases, as I am sure other members have, but for a particular one involving a property in the centre of Glasgow I have visited both factors and residents. Everything in that case has been done according to the legislation, but even though a new factor has been appointed the previous factor will not pass on information to them and has held on to floats and residents’ moneys. I know that we can go to the Homeowner Housing Panel on the issue, but what do we do when a factor ignores residents’ wishes? That is a very real problem generally and not just in that particular case.
On repairs issues, factors can be taken to the Homeowner Housing Panel and it can tell them that they are in the wrong and that the residents and home owners are in the right, but the factors can refuse to accept the panel’s recommendation. What recourse do home owners have in such cases? I ask the minister and the Government to look into that; real issues are taken to the Homeowner Housing Panel but factors ignore the panel’s recommendations. What recourse do residents and home owners have?
I know that time is short, Presiding Officer—I see you nodding to me—so I will finish here. The 2003 act is a very important piece of legislation because it is about fairness for residents—and factors—and ensuring that they get the good service that they pay for.
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