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Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 5 May 2021
  6. Current session: 12 May 2021 to 1 April 2025
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Displaying 1351 contributions

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Citizen Participation and Public Petitions Committee [Draft]

Continued Petitions

Meeting date: 19 February 2025

Siobhian Brown

Yes, that is my understanding. Do my officials want to say anything other than that?

Citizen Participation and Public Petitions Committee [Draft]

Continued Petitions

Meeting date: 19 February 2025

Siobhian Brown

Yes, I think that it is. However, we do not have the exact number of how many dismissals there have been in the past 10 years; it has not been specifically on my radar in my ministerial role for the past two years per se. However, if there are ways in which we can improve the system, the Scottish Government is always willing to look at them.

Citizen Participation and Public Petitions Committee [Draft]

Continued Petitions

Meeting date: 19 February 2025

Siobhian Brown

If I could, convener, I would like to start with a few opening remarks to provide a bit of clarity, as there is a bit of crossover between my portfolio and that of the Minister for Housing on the issue.

Thanks very much, everybody, for the opportunity to talk about the dismissal and the appointment of property factors, and to provide an update on the progress of the voluntary code of practice for the dismissal and the replacement of land-owning land maintenance companies.

My property law portfolio responsibility covers the dismissal and the appointment of property factors—sometimes referred to as switching—which includes the land-owning land maintenance companies. The Minister for Housing has portfolio responsibilities for the Property Factors (Scotland) Act 2011, which includes the register of properties factors and the code of conduct. My comments will focus specifically on my portfolio.

I know that the petitioner has called for legislation to cover the dismissal of property factors. Legislation is already in place that deals with that matter. If the title deeds of a property do not set out how the property factors are to be dismissed, provisions under the Title Conditions (Scotland) Act 2003 and the Tenements (Scotland) Act 2004 will apply.

As I have indicated in my previous responses to the committee, I consider that the existing remedies by which home owners might dismiss a factor are adequate and that a legislative change at this time is not necessary. I note that, in its response to the petition, Under One Roof said that the process to dismiss a property factor is not clear—I will come on to that—while the Property Managers Association Scotland considered that the current legislation on the matter is sufficient.

I recognise, however, that some home owners find the procedure to switch property factors complicated. A guidance note on manager burdens will be published shortly on the Scottish Government website, which will help home owners to navigate the various options with regard to establishing voting procedures.

I have spoken to my officials this morning and the website says that the guidance will be published shortly. I am told that the timescale is within the next few weeks, but there are a few technical issues with the graphics that are being added to the website.

Citizen Participation and Public Petitions Committee [Draft]

Continued Petitions

Meeting date: 19 February 2025

Siobhian Brown

It is guidance on the various options for how voting procedures should be carried out when dealing with factors.

Citizen Participation and Public Petitions Committee [Draft]

Continued Petitions

Meeting date: 19 February 2025

Siobhian Brown

I appreciate the petitioner’s comments and his experience, but it is quite rare that this has happened with factors. However, we need to ensure that a process is in place for anybody who wants to remove a factor. Usually, that is in the title deeds, so it would be unusual if that was not in place.

Moving forward, if someone feels intimidated because they have to get legal advice or go through the court process, I think that they should feel supported through our guidance. My officials might want to come in with something further here.

Citizen Participation and Public Petitions Committee [Draft]

Continued Petitions

Meeting date: 19 February 2025

Siobhian Brown

The Scottish Government welcomes the CMA’s report and is grateful for its engagement with officials and the Scottish market in its investigation. It is a substantial report. Ministers and officials are considering the recommendations and will respond fully in due course. The suite of recommendations extends over a few ministerial portfolios and the impact of each recommendation needs to be considered in the wider context.

I understand that the Minister for Housing considers that it would be useful, while examining the findings and the recommendations of the CMA, to add more voices to the discussion, and he might include them in the proposed round-table session with property factors. It is under consideration.

Citizen Participation and Public Petitions Committee [Draft]

Continued Petitions

Meeting date: 19 February 2025

Siobhian Brown

That has not been made clear to me, but, as I said, the Minister for Housing is looking into it. We can perhaps write to the committee on that.

Citizen Participation and Public Petitions Committee [Draft]

Continued Petitions

Meeting date: 19 February 2025

Siobhian Brown

I am not aware of that number; I do not know whether any of my officials have it. We might have to write back to the committee with those details.

Citizen Participation and Public Petitions Committee [Draft]

Continued Petitions

Meeting date: 19 February 2025

Siobhian Brown

Yes, absolutely. One of the things that I can do, which I take away from this evidence session, is to speak with the Minister for Housing, because if he is going to have a round-table session to examine the recommendations from the CMA report, that consideration could be intertwined with that.

Citizen Participation and Public Petitions Committee [Draft]

Continued Petitions

Meeting date: 19 February 2025

Siobhian Brown

I will pass over to Jill Clark, who has been involved in the design of it.