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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.
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