Committee
Citizen Participation and Public Petitions Committee 03 May 2023
03 May 2023 · S6 · Citizen Participation and Public Petitions Committee
Item of business
New Petitions
Property Factors (PE2006)
I certainly do not disagree with the approach that has been recommended—inquiries should be made. I will, however, play devil’s advocate a little bit. My experience from being a solicitor over many years is that, although people do not necessarily enjoy paying factors’ fees, the whole purpose of having a factor in a tenement is to ensure that there is a system for carrying out common repairs. If there is such a system, it needs to be paid for. In my experience, factors’ fees are not particularly great and, in many ways, being a factor is a bit of a thankless task, because the level of the fees is generally not huge. There is therefore a general public policy imperative that it is desirable that there be a system, which is normally very clearly set out in the title conditions, for the appointment and removal of factors by a majority of owners. The desirability of having a factor is clear. Indeed, if there is no factor, there is a serious risk of major repairs not being done and things becoming much worse. I would have thought that that would be a rather more serious issue than the few cases where there may be concerns about overcharging and so on. I say that to stick up for the humble factors who, in my experience, are often on a bit of a hiding to nothing and who have eight masters: eight people who can phone them at any time of the day to demand that action be taken immediately on all sorts of things. I am just playing devil’s advocate, for a change.
In the same item of business
The Convener
Con
That brings us to the last of this morning’s new petitions. PE2006, which was lodged by Ewan Miller, is on reviewing and simplifying the legislation in relat...
David Torrance
SNP
I wonder whether the committee could write to the Scottish Government to seek an update on the voluntary code of practice on dismissing and replacing landown...
The Convener
Con
I wonder, too, whether there are any bodies that are representative of home owners rather than factors. When the Scottish Government says that the current re...
Alexander Stewart
Con
You make a valid point, convener. As you identified, there are areas that we are already aware of, but there are other organisations that participate or that...
The Convener
Con
I wonder whether, when we write to the Scottish Government, we could, in addition, ask on what basis it is satisfied that the regulation is being properly im...
Fergus Ewing
SNP
I certainly do not disagree with the approach that has been recommended—inquiries should be made. I will, however, play devil’s advocate a little bit. My ex...
The Convener
Con
Thank you, Mr Ewing. I am sure that cups of coffee or something stronger have been raised in toast to your splendid defence. I do not disagree with any of t...
The Convener
Con
Thank you all very much. That brings us to the end of this morning’s public session. We will move into private session to consider our public participation i...