Leaseholders: Management Companies

Debate between Baroness Goldie and Baroness Scott of Bybrook

Monday 20th May 2024 Lords Chamber

[Baroness Goldie (Con)]

My Lords, I am looking at the text of the Question tabled by the noble Lord, Lord Kennedy, and I am trying to be helpful to my noble friend the Minister. In Scotland the management company is call the “factor”—a name that can conjure up nightmares or pleasant dreams depending on the experience. In 2011 we passed the Property Factors (Scotland) Act, one section of which allows home owners to make an application to the Homeowner Housing Panel for a determination of whether their property factor has failed to carry out their factoring duties, or failed to comply with the code. I wonder whether there is any useful guidance in that for my noble friend the Minister.

[Baroness Scott of Bybrook (Con)]

I think what my noble friend is suggesting is what we have in Section 24 of the Landlord and Tenant Act 1987, which allows leaseholders to apply to a tribunal to appoint an alternative property manager—or “factor”—if there has been significant management failure.