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Replacing your factor

 
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2 - challenge the charges

3 - set up a reasonable repayment plan

4 - complain
to trading standards & OFT

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Your title deeds may contain rules on how to appoint and replace your factor.  You should check to see whether this can be done by a majority decision or otherwise.  If so then you should call a meeting of proprietors and put together a simple letter along the following lines:  '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 forthwith.  (signed)'.  Make sure the necessary number of owners sign this; make a photocopy and send the original to your factor by recorded delivery post.

If your title deeds do not make provision for replacing your factor (for example because they are silent on this issue) don't worry.  Section 4 of the Tenements (Scotland) Act 2004 provides a default position so you can make decisions about your property.  Rules and rule 3 of the Tenement Management Scheme may entitle you to make a majority decision to dismiss your factor and make a new appointment.  

If the 2004 Act applies you should call a meeting of the proprietors and put together a letter along the following lines:  '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 the Tenements (Scotland) Act 2004.  This decision is effective forthwith.  (signed)'.  Make sure a majority of owners consent to this course of action and sign this letter; make a photocopy and send the original to your factor by recorded delivery post.

Remember: either your title deeds or the 2004 Act will give you the legal right to terminate your factor's appointment

If your factor attempts to argue that you cannot sack them, the reasons given will likely relate to the factor's terms and conditions of contract.  Did you ever sign this contract?  If not the terms may never have been agreed to.  Moreover, the factor's contract has to comply with what's in your title deeds (or the 2004 Act, if your deeds are silent on this matter).  So if your factor refuses to accept termination of his or her contract contact your Council's trading standards department or a solicitor.


example demand letter from Scottish property management company

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