When you're on the property factor register you must:
- include your property factor registration number on any document sent to a homeowner
- follow the code of conduct
- tell the Scottish Government if your details change
- update the register every year with details of the properties and land you managed in the last financial year
- apply for registration every 3 years if you're continuing to work as a property factor
Dealing with complaints
If a homeowner thinks you've not followed the code of conduct or your duties as a property factor, they must write to you to tell you. When they write to you, they need to give reasons why and give you a chance to respond.
If they're not happy with your response, then the homeowner may apply to a tribunal. If the case is accepted you'll have a chance to defend any action.
Removal from the register
You can be removed from the register if you have:
- not followed the code of conduct
- not followed a property factor enforcement order
- been convicted of a crime relating to violence, drugs or dishonesty
- not taken steps to include your property factor registration number on documents sent to homeowners
- practiced unlawful discrimination
- broken a law related to tenements, property or debt
If you're being considered for removal, you'll get a letter explaining why and get a chance to argue your case in writing.
Appeal a removal from the register
If you're being removed you can appeal to a sheriff within 21 days.
If you appeal and the sheriff agrees with you, they will order that you stay on the register.
To get in touch with a sheriff, contact your local sheriff court.
You may want to get legal advice on submitting an appeal.
If you're removed from the register
If you're being removed, you'll get a letter explaining:
- the date the removal takes effect
- that you'll not be able to recover money from homeowners for the work you do after the removal takes effect
- that homeowners may be able to get new property factors or decide to manage the common land themselves
It's a crime to work as a property factor if you're not registered. If you're convicted you could get a fine of up to £5,000, a prison sentence of up to 6 months or both.
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