òòò½ÊÓÆµ

Property factors

Property factor service

We currently act as a property factor at a number of multi-storey blocks where we own some properties. As factor, we respond to requests from owners for repairs in communal areas as well as doing essential compliance inspections. This does not include inspecting blocks for repairs. 

You may be aware that we are withdrawing this service in eight blocks where we are not the majority owner in the building.

.

Read the Written Statement of Services

What is a property factor? 

A property factor is a person or organisation who is appointed by the owners in a block to look after the maintenance and management of communal parts of the block. Your title deeds set out owner’s responsibilities for common areas.  

Having a property factor means the owners have delegated the responsibility of arranging repairs. As a property factor we do not have greater powers to do repairs than the owners have themselves. 

What we do 

As your property factor we will manage the repairs and maintenance of the communal areas in your block.  

When an owner or resident in the block reports a repair to us we will investigate and manage the repair, we do not routinely inspect buildings for repairs.  

We do routinely carry out compliance checks eg lift servicing, water testing. 

You can find a list of the communal areas in your block in your title deeds, as well as your responsibilities as a property owner. Common examples of communal areas include:  

  • External walls 

  • The roof 

  • The stairs or common entry 

  • Lifts 

  • Utility infrastructure 

  • Concierge service where provided 

  • Any common pathway walkways etc. 

How repairs are agreed 

All owners in the building are responsible for paying for their share of any communal repairs.  

When a repair is needed and there is an estimated cost of £50 or less per flat, we have delegated authority to arrange this work without contacting you and send an invoice when the work is complete.  

For repairs estimated at over £50 per flat, decisions are made using the Tenement Management Scheme (TMS), which is part of the Tenements (Scotland) Act 2004. This is a process set down in law to help protect owners who are doing communal repairs. The rules set out the steps owners need to take when making decisions about carrying out communal repairs. 

We would use the TMS rules to communicate any proposed work, costs and timescales to all owners in the block and ask them to vote on whether to go ahead with the work or not.  

  • Each flat owner, including the Council as an owner, must vote for or against the work.  

  • One vote is given to each flat in the block on whether to ahead with the repairs. 

  • If the majority of owners vote in favour of the repairs, then the work will go ahead. 

If the majority of owners vote in favour of the work this is called a Scheme Decision. 

An owner may object to the Scheme Decision within 28 days but after this time the decision is legally binding. 

Any objection by an owner against the Scheme Decision should be submitted to the Sherrif Court within the 28-day period. 

Objections must explain the reason for objecting and the Sheriff Court will decide if the work will be allowed to proceed. The reasons for a Scheme Decision being overturned can vary but may include factors such as the process followed to reach the decision  being incorrect. 

Further information 

Find out more about TMS  and on .   

Email us for more information at multistorey.billing@edinburgh.gov.uk 

A property factor is a person or organisation who is appointed by the owners in a block to look after the maintenance and management of the block. The title deeds for properties set out the owner’s rights and responsibilities for the common parts. Having a property factor means the owners have delegated the responsibility of arranging repairs. The property factor has no greater powers, under the title deeds, than the owners have themselves.

This role was carried out by us on an informal basis until the introduction of the Property Factors (Scotland) Act 2011 (‘the Act’) on 1 October 2012.