Glasgow tenants hit out at 'impossible' process to change factors

Some residents of Pleasance Way in Shawlands are in dispute with their factor Hacking and Patterson as they want to switch but the process is creating difficulties.

Following a meeting, the group held a vote via email where they claimed over two-thirds of the owners decided to make the move.

Group of tenants looking to change factor (Image: Colin Mearns, Newsquest)

The Pleasance Way block of flats (Image: Colin Mearns, Newsquest)

Haris Rashid, 29, who organised the vote, said: “We have been dissatisfied for a while because we just feel like the services aren’t quite up to scratch.

“We finally picked a factor and we put that to the residents. We had a meeting beforehand to discuss any queries and we had a vote.

“People could submit their opinions via email and we managed to get over the limit.

“The deed set out how much we needed and that was it.

“We achieved this by email, so it was in writing."

Despite this, the factor did not accept the process as adequate and refused to leave.

In the deed, it is laid out that an owners' association needs to be set up, with a chair and secretary and this body needs to hold a meeting where they ask residents' opinions.

The Southside block of flats is made up of over 200 flats and many of the owners are not living there, making it difficult to get them all together.

The 29-year-old said: “Obviously, getting this many people to come to the one agreed meeting is impossible.

“We held this meeting and allowed anyone to join.

“Then, we submitted the votes that were submitted to us via email.

“It was an accurate reflection of what the block wanted.

“But Hacking and Patterson is not accepting this because they say we weren’t selected as proxies even though it was included in the invitation.

“We told residents to let us know if they weren’t happy about it, but nobody raised any objections.

“The factor now wants us to go around again and say that we are their proxies.

“I think they are just trying to come up with any excuses to avoid leaving.

“They are not recognising the legitimate vote we held."

The tiresome process was induced after several complaints from homeowners and tenants that the current factor is slow to respond, expensive and repairs are insufficient. 

Councillor Patricia Ferguson, who introduced the Property and Factors Bill to the Scottish Parliament in 2007, said: “It can be difficult for people to change their factor, especially in larger developments or where a lot of properties are rented out.

"There need to be rules that people can follow when they want to change their factor but those rules shouldn’t make it as difficult as it often is.”

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A Hacking and Patterson spokesperson said: "Generally, where groups of homeowners share common ownership within a property, the rules for the group allowing them to make formal decisions, including to contract, or not, with a Property Factor are set down within their Deed of Conditions, or where silent, the Tenements (Scotland) Act 2004. 

"Where any part of a homeowner group wishes to change their appointed Property Factor, follows the rules as laid out and obtains support from their fellow homeowners, any decision to change factor is binding and the process completes. 

"Where the rules are not followed, or inadequate support is received from the homeowner group, no decision can be deemed to have been taken."