Home Owner Housing Panel decision
Last updated: 1.24pm, Wednesday 4th December 2013
Complaint rejected by HOHP
Thenue Housing has welcomed a decision by The Homeowner Housing Panel following a complaint by a proprietor about the Association.
The Panel has now REJECTED this complaint.
The Homeowner Housing Panel is a devolved Scottish Tribunal set up under the Property Factors (Scotland) Act 2011. It is an independent and impartial judicial body separate from the Scottish Government and local authorities.
The function of the Panel is to determine applications from homeowners who consider that their property factor – in this case Thenue Housing - has failed to carry out their factoring duties or failed to comply with the Property Factors' Code of Conduct.
The complaint in part concerned a Minute of Agreement between Thenue Housing and the owner of a flat at 97 Greenhead Street. This Minute was designed to organise and regulate repairs to the tenement where this person owned the property. This Minute of Agreement was required to be signed by those living in the tenement to allow the repairs and refurbishment to go ahead. The majority did so including the complainant but stating that the Minute was unnecessary and unfair and that they felt the association had forced them to sign it
A further part of the complaint was that the owner was given no “collateral warranties” from the contractors for the refurbishment work
The Association argued that there was no obligation on the contractors carrying out the work to provide such warranties.
In its determination, the Committee which was considering this case said there was “nothing unfair or prejudicial” contained within the terms of the Minute of Agreement
It also said the Association “engaged openly and actively” when it came to communicating with the owner adding that the housing association’s position was “reasonable.”
The Committee found that Thenue Housing “has neither failed to carry out the property factor’s duties nor had it breached the Code of Conduct for Property Factors.”
The application from the owner was therefore refused and no Property Factor Enforcement Order will be made.
Thenue’s Chief Executive, Charles Turner concluded, “We very much welcome these findings. At all times we aim to act properly with the highest standards of professionalism and integrity. We are pleased the matter has now been concluded.”
The full judgment can be found at http://hohp.scotland.gov.uk/prhp/2156.html</a>