Thanks to recent legislation in Scotland, changing your factor provider is very easy to do. Just
follow these steps:
- Your title deeds may contain rules on how to appoint and replace your factor and we can check
this for you. Invariably you can instruct a change by reaching a majority decision. If your
title deeds do not make provision for replacing your factor (for example because the factoring
arrangements are not mentioned) don't worry. Section 4 of the Tenements
(Scotland) Act 2004 allows you to make decisions about your property.
- The simplest way to change your factor is to call a meeting of homeowners, or perhaps discuss
via an email group.
- If you decide that you wish to change factor, put together a simple letter along the following
'We, the owners of the property known as X, met on Y date and resolved to terminate your
appointment as property factor in terms of our title deeds. This decision is effective
For the avoidance of doubt, it would be very useful to list all of the individual addresses
within the building or development. We can supply you with a letter template, and we can even
attend your residents meeting to help you understand the legislation and how it protects
homeowners in Scotland.
- Make sure that at least half of owners sign it; make a copy and send the original to your
factor by recorded delivery post.
- They are legally obliged to send you a final statement of account for your review.
Remember: either your title deeds or the 2004 Act will give you the legal right to terminate your
factor's appointment. The property belongs to you, and the decision on who you pay to manage your
property is also yours. Of course, we are on hand to advise. Just pick up the phone or send us an
email and we will do our best to help.