Factor asking for advance payment

[notsure]

Morning all

I couldn't work out the right forum so hopefully this one fits. I own a property in Scotland (glasgow) which has 13 in the block. The factor (I'm not sure if it's the right etiquette to post their name on here?) expects all tenants to pay for repairs in advance now as someone refused to pay for lift doors to be repainted without consultation on the colour.

We have a leaky roof (communal repair) and need external paint done but he refuses without all households giving him the full amount in advance. He has been sitting with c£18k in his business bank account now for over 6months and refuses to do anything without the last household paying him in advance. He claims it is not his responsibulity to take them to the small claims court.

Could someone advise on our rights here please and if he can legallly force all payments in advance?

Finally, is it not his responsibility to take households to small claims (assuming the claim falls within the remit of that court)?

All advice appreciated.

Mr NotSure

[Celestine]

I have moved this to Property section.

What does the agreement with the Factor state?

This is Scottish law so may vary from England. ScottishSolicitor May be able to advise on any specifics.

[notsure]

I have moved this to Property section.

What does the agreement with the Factor state?

This is Scottish law so may vary from England. ScottishSolicitor May be able to advise on any specifics.

There is no written agreement in place. He attends a quarterly meeting with the "Tower" representative(s) and has asked for all payments in advance so he isn't out of pocket. He has also stated that it not his responsibility to take individual households to court who don't pay. In this case this is impacting the roof and houses leaking water through their ceilings.

[ScottishSolicitor]

I am not a property lawyer unfortunately but from first principles I would think that there is an argument that he must be in breach of any (verbal) factoring contract in not attending to urgent repairs. If you can prove loss through damage from water etc I would tell him to falls to be sued for his inaction.

A subsidiary point is to tell him he needs to account to you all for the interest gained on the money held.

[notsure]

Many thanks. I'll phone the factor and ask for a copy of the factoring contract. If it doesn't mention advance payment and he has never done that in the past, is it up to prove he legally requires it or me to disprove that he needs it?