PMAS would like to provide its members with some information on the total size of the property management sector and the current state of the First Tier Tribunal (FTT) for Scotland.  

We think it’s useful for property managers and factors to keep up to date with the sector for insight and context when speaking with colleagues or clients. 

With this in mind, we have extracted some handy information for our members on the current state of applications to the FTT, taken from both the Property Factor Registration Team and the recent Housing and Property Chamber report.

Property Factor Applications to First Tier Tribunal for Scotland (FTT) 2020/21

The FTT Housing and Property Chamber deals mostly with Private Rented Sector cases, with only around 9% of cases being related to property factors. 

In total there were 211 Property Factor applications to the FTT in 2020/21 and a higher number than normal of these were part of group applications. A high volume, 48 of the 211, were either rejected or withdrawn. There were 71 Property Factor Enforcement Orders (PFEO) issued. When considering the total number of factored properties in Scotland – almost 685,000 – this is a very tiny number of PFEOs.

Many complaints had a variety of categories included. The most common category of complaints under the code of conduct concerned communication and consultation (80%), financial obligations (60%), complaints resolution (58%) and the written statement of services (55%). More than three-quarters (78%) of applications also included a complaint that the property factor had failed to carry out its property factor’s duties under the 2011 Act.

These percentages make it clear that, in working to avoid clients escalating complaints to the FTT, the three issues where attention should be paid are:

• Clear communication that keeps to promises made
• Good financial consideration and explanation
• Careful complaint resolution.

These are sometimes easier said than done, but the overall low volumes indicate that most firms are doing a mostly good job – this is no reason to be complacent of course, but plenty of reason not to be despondent.

If you’d like to read in more detail, then click here to view the full extract of the report.