Local Government, Housing and Planning Committee 29 May 2025
If I might continue, convener, as I am not finished—I nearly am.
I turn to amendment 514, in the name of Mark Griffin. The current position is, rightly, that discretion sits with the tribunal to consider on a case-by-case basis what it determines to be a reasonable payment to a home owner. I am not aware of issues of property factors being required to make excessive payments as a result of an enforcement order. It is therefore unclear to me why Mr Griffin wishes to restrict the tribunal’s discretion, so I cannot support amendment 514.
Amendment 415, in the name of Sarah Boyack, highlights an important point in relation to property factor registration. I am sympathetic to what the amendment seeks to do, but it is premature to make such changes at this stage, given the need to consult stakeholders and consider the wider work that is under way, such as the Scottish Law Commission’s work. I therefore cannot support amendment 415, but I have written to Ms Boyack on the matter.
I appreciate the intent behind amendments 476 and 476A, in the names of Pam Duncan-Glancy and Mark Griffin respectively. However, I am concerned that they could have significant impacts on local authorities and subsequent effects on the services that are provided to owners. As no consultation has taken place, it is not clear how many communities might find themselves in such situations and what the costs for local authorities might be. For those reasons, I cannot support amendments 476 or 476A without further engagement.
I therefore ask Mark Griffin not to press amendment 507. I ask him, Ariane Burgess, Sarah Boyack and Pam Duncan-Glancy to work with me on the wider work to review the property factor system and engage with stakeholders that I have committed to do in the round. I also ask them not to move the other amendments in the group. If they are moved and pressed, I urge members to reject them for the reasons that I have given.
13:30