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After you register

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.

You can find more information about the tribunal process on the Housing and Property Chamber website.

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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