Stair neighbours thinking of engaging a Property Factor.

[Captain Haddock]

I live in a modern block with 5 other flats; all are privately owned. I do all the stair cleaning and keep an eye on the condition of the block. Recently, another neighbour has been making murmurings about engaging a Factor, even going as far as to say that it is a legal requirement up here in Scotland, which it is not. This individual does nothing to assist with keeping the communal area clean nor with the taking out of the refuse/recycling bins and in fact is a regular depositor of building site mud on the carpeted communal stair. I have a relatively good relationship with this person but he has, in the past and of his own volition, agreed a communal payment scheme for the stair lighting with the utility company, much to several homeowners displeasure, including that of mine and of my OH.

In the last few months, as he fires over e-mails about the stair lighting bill being due, he enquires about the reticence of some of us to contribute a considerable amount into a communal bank account and, in passing, states that factoring is a legal requirement (which it isn't for homeowners here) and is something that should be considered. What really got me thinking is: what if the majority of the owners in the block decide to appoint a factoring firm and where does that leave the two households that are against it? I wouldn't put it past this guy to go ahead with it (he's in the building surveyor game) if he has enough backing so where do us others stand? The last thing I'd want to do is send him (and the other supporters) a lawyer's letter but I am prepared to do so.

Any thoughts?

[Amethyst]

I had to look up what a Factor was.... so doubt I can help, but thought I'd put the description here for ref

What is a property factor


Property factors manage and maintain the common parts of land or property owned by more than one homeowner, for example the stairways, hallways and lifts in a tenement flat. Similar arrangements can apply for the maintenance of the commonly owned or used parts of residential land, for example the common gardens or amenity areas in a housing estate. This land may be owned jointly by all or some of the homeowners or by someone else, for example, the property factor as a land-owning management company. A property factor may be a private business, a local authority or a registered social landlord.

Who uses a property factor


Homeowners may:

• be obliged to use the services of a property factor because it is in the title deeds of the property
• have agreed with other homeowners to hire a property factor formally through a scheme such as the tenement management scheme
• arrange the services for the maintenance of common areas themselves (collectively or individually)
• have no formal arrangement for the maintenance of common areas
• be obliged to use the services of a property factor for land management services because the factor owns the land
• be obliged to use the services of a local authority or registered social landlord acting as a property factor, for example where the property is a former social rented property purchased under a tenant’s right to buy.

[Captain Haddock]

Thanks, Amethyst.

We are all homeowners in this block and there is nothing in the deeds to state that a Factor must be engaged. Interestingly enough, another development of the same age, a few doors down, has a Factor engaged. I remember viewing that property and you had to accept the not inconsiderable monthly payment to the Factor company.

I guess they can't force the rest of us into paying for factoring.

[jaguarsuk]

I think you have possibly answered your own question, if the title deeds do not force you then simply write a letter or email back stating that to be the case. That any parties whom wish to engage a factor and pay for their services are welcome to do so at their cost, but you'll be politely declining thank you very much.

[Diana M]

I live in a modern block with 5 other flats; all are privately owned. I do all the stair cleaning and keep an eye on the condition of the block. Recently, another neighbour has been making murmurings about engaging a Factor, even going as far as to say that it is a legal requirement up here in Scotland, which it is not. This individual does nothing to assist with keeping the communal area clean nor with the taking out of the refuse/recycling bins and in fact is a regular depositor of building site mud on the carpeted communal stair. I have a relatively good relationship with this person but he has, in the past and of his own volition, agreed a communal payment scheme for the stair lighting with the utility company

If you read this information from Shelter you'll see that there are some circumstances when a Property Factor can be compulsory even if it's not in the title deeds. For example you say you live in a modern block but was that built in the last five years because that could change things? >

https://scotland.shelter.org.uk/get_...rs_and_factors

And then read this from Shelter about TMS (Tenement Management Schemes) which can kick in if some of the flatowner's title deeds say conflicting things about management of the building which is not uncommon >

https://scotland.shelter.org.uk/get_...agement_scheme

Personally I like to self-manage the properties I own because it's my money and I want some control over how it's spent. However as the years go by and the squabbling continues between owner-occupiers (who live in the buildings) and investors like me (who rent out their properties) I've begun to value an objective Managing Agent who can balance the expectations of both so essential maintenance works are carried out and nothing more.

Di

[Captain Haddock]

The building is a 1996 build and I am pretty sure all household deeds are the same.

In any event, this issue has not raised its ugly head again though a recent suggestion to repaint the numbers and lines of demarcation of the parking places to the rear have been ignored and indeed scoffed at by one household. I'm tempted to just paint them all myself but I am sure I'd get a flea in my ear over that!

Wouldn't these lines have to be visible, as per the deeds?