Meeting of the Parliament 09 January 2014
The debate has been a useful exercise in revisiting the decisions that were made by an earlier Parliament about what has proved to be a complex area of relationships.
Two points arise from our discussion this afternoon. First, the maintenance of property—houses and flats—and the environment around those houses and flats is critical if one is to maintain the quality of living that we would hope for in Scotland. The committee acknowledged that solicitors have a part to play in ensuring that those who become owners of property are aware of their responsibilities in that regard and understand the implications that arise from those responsibilities. The Law Society acknowledged that it has a duty in that regard and indicated that it delivers that advice. However, from the evidence that the committee heard, there is little doubt that owners seem vague about whether that information has been passed to them. At the very least, therefore, there is an issue with the communications that are received and understood by clients at the important time of purchase and sale.
Secondly, it is fair to say that both factors and land maintenance companies provide an important service and expect—and probably require, in business terms—stability in the relationship. However, the committee heard in evidence—and we have heard from various members this afternoon—that there seems to be, at the very least, an absence of trust in the relationship between property owners and those companies that deliver a service. In that context, the recommendations on transparency in the costs of services, the quality of service that can be expected and the timescales that apply to the delivery of that service are vital. Some members have commented on the apparent inability of companies to understand the needs of property owners, and that is part of the problem that we dealt with during our committee discussions.
The committee spent a great deal of time in gaining an understanding of the issues around land maintenance companies and their fees. Collectively, as was seen during our discussions, we came to understand that there is a real need for tenants or owner associations to deal with those issues. The fact that two eminent academics disagreed so obviously in front of us was not only juicy and much enjoyed, but reflected the fact that there is a need for the Scottish Law Commission to have a look at how section 53 relates to the circumstances. Its advice on that would be much welcomed.
The Government’s moves to issue guidance on this whole area of activity and the way in which data can be transferred between the various owners are welcomed. Nevertheless, I proffer to the minister that, as well as guidance, continuing and obvious commitment from Government to oversee the circumstances that we have discussed this afternoon and a commitment to deliver will be significant in leading the way forward in the future.
16:45