- Latest available (Revised)
- Original (As enacted)
This is the original version (as it was originally enacted).
(1)A homeowner may apply to the homeowner housing panel for determination of whether a property factor has failed—
(a)to carry out the property factor’s duties,
(b)to ensure compliance with the property factor code of conduct as required by section 14(5) (the “section 14 duty”).
(2)An application under subsection (1) must set out the homeowner’s reasons for considering that the property factor has failed to carry out the property factor’s duties or, as the case may be, to comply with the section 14 duty.
(3)No such application may be made unless––
(a)the homeowner has notified the property factor in writing as to why the homeowner considers that the property factor has failed to carry out the property factor’s duties or, as the case may be, to comply with the section 14 duty, and
(b)the property factor has refused to resolve, or unreasonably delayed in attempting to resolve, the homeowner’s concern.
(4)References in this Act to a failure to carry out a property factor’s duties include references to a failure to carry them out to a reasonable standard.
(5)In this Act, “property factor’s duties” means, in relation to a homeowner—
(a)duties in relation to the management of the common parts of land owned by the homeowner, or
(b)duties in relation to the management or maintenance of land—
(i)adjoining or neighbouring residential property owned by the homeowner, and
(ii)available for use by the homeowner.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: