Search Legislation

Advanced Search

Property Factors (Scotland) Act 2011

Status:

This is the original version (as it was originally enacted).

17Application to homeowner housing panel

This section has no associated Explanatory Notes

(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.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

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.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Government 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.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources