Scottish Government

SECTION 1: GENERAL OBLIGATIONS

1.1 You must comply with this Code in full (section 14(5) of the Act refers).

• However, where the property title deeds conflict with the Code, the title deeds will prevail, unless the title deeds have been replaced or over-ridden by provisions contained in or action taken under the Title Conditions (Scotland) Act 2003, the Tenements (Scotland) Act 2004 or other legislation; or by agreement in writing between the homeowners and the property factor; or by order made by a court or by the Lands Tribunal for Scotland.
• If the Code contradicts any term or condition set out in any contractual agreement between the property factor and homeowner, the latter shall take precedence.

These exceptions will only prevail on the issues where there is a direct conflict with the Code. All other requirements of the Code, on which there is no conflict, will continue to apply.

1.2 You must ensure that all members of your staff, and any contractors used by you, are familiar with the duties and requirements imposed by the Code.

1.3 You must comply with any decisions of the Homeowner Housing Panel.

1.4 You must take all reasonable steps to ensure that your property factor registered number is included in any document sent to a homeowner and in any other document or communication specified by the Scottish Ministers (section 13(3) of the Act refers).

1.5 You must keep clear and full written records and produce them when required by the Homeowner Housing Panel.