Registration of Property Factors Comes a Step Nearer As Maryhill MSP Publishes Bill
Thu 3rd Jun 2010
A Bill to require Property Factors to comply with a code of conduct and be registered has been published by Patricia Ferguson MSP. The Property Factors (Scotland) Bill will make it an offence for a property factor to operate without being registered, and will also introduce an accessible form of dispute resolution.
The legislation will lead to the establishment of a code of conduct setting minimum standards of practice expected of registered property factors, and will afford greater protection for homeowners from rogue factors.
The publication of the Bill follows several years of campaigning by Mike Dailly, Principal Solicitor at the Govan Law Centre, who has worked alongside the Maryhill MSP pushing for legislation to clean-up property factoring in Scotland.
Commenting on the publication of the Bill Patricia Ferguson MSP said:
"This is a milestone in the campaign to regulate property factors, and to protect homeowners from the unscrupulous practices of those factors that have brought the whole industry into disrepute.
"It is two and a half years since I launched a consultation on my proposal to require the registration of factors, which showed overwhelming support for legislation. Hopes were raised when the Office of Fair Trading carried out a study into Scottish Property Factors, but then dashed when they only recommended a voluntary scheme despite concluding that the system is not working well.
"There was disappointment when the Scottish Government refused to legislate, favouring an industry-led voluntary accreditation scheme similar to that which has already failed homeowners. But the campaign was boosted when my proposal received the support of 45 MSPs from across the political divide to allow a Bill to be introduced, and when the whole Parliament supported a motion welcoming the progress towards legislation.
"The publication of my Bill is yet further progress towards legislation that will ensure better accountability of property managers for their standards and the services that they provide and I hope that it will continue to receive the support of my colleagues in the Scottish Parliament."
Welcoming the publication of the Bill, George Foulkes MSP said:
"Many of my constituents have been adversely affected by unregulated factors that bill tenants for large sums of money, often on top of what they are required to pay monthly, without prior warning, explanation or right of appeal.
"Receiving a bill for hundreds and even thousands of pounds can cause a great deal of stress and anxiety for people in lots of different circumstances. This bill is a step towards ensuring that factoring companies manage accounts responsibly and fairly and will continue to support Patricia Ferguson in her efforts."
Tags: Factors.
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