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Publication - FOI / EIR Release

Registered property factors operating in Argyll and Bute: FOI release

Published: 8 Feb 2018

Information request and response under the Freedom of Information (Scotland) Act 2002.

FOI reference: FOI/18/00030
Date received: 27 December 2017
Date responded: 6 February 2018

Information requested

The following information:

First request - Property Factors Act 2011. Section 23(2). Ref. HOHP/PF/16/0079 Decision - The Tribunal determined that the factor has not complied with the Property Factor Enforcement Order dated 17th March 2017.

Question - Was the above decision served on the Scottish Ministers in accordance with S.23(2) and/or the Procurator Fiscal, and if so, what was the eventual outcome? If not served, why not?

Second request - I wish to receive the names and addresses of factors who factor properties and land in Argyll and Bute, and the list of registered property factors who have listed a business address in Argyll and Bute.

Response

In relation to your first request, Scottish Ministers, in accordance with section 23(2) of the Property Factors (Scotland) Act 2011, were served notice from the First-Tier Tribunal for Scotland Housing and Property Chamber that the Property Factor Enforcement Order for case reference number HOHP/PF/16/0079 has not been complied with.

Part of your first request asked for information on what was the eventual outcome in respect of the above decision being served on Scottish Ministers. While our aim is to provide information whenever possible, in this instance the Scottish Government does not have the information you have requested. The reasons why we don't have the information are explained below.

Also as part of your first request you asked if the above decision had been served on the Procurator Fiscal, and if so, what was the eventual outcome. While our aim is to provide information whenever possible, in this instance the Scottish Government does not have the information you have requested. The reasons why we don't have the information are explained in the Annex A to this letter. However, you may wish to contact the First-tier Tribunal for Scotland Housing and Property Chamber who may be able to help you. Their contact details are below:

First-tier Tribunal for Scotland Housing and Property Chamber
4th Floor, 1 Atlantic Quay,
45 Robertson Street,
Glasgow,
G2 8JB.

In relation to your second request, I enclose a copy of the information you have requested in Annex B and Annex C to this letter.

Reasons for not providing information

First request - Property Factors Act 2011. Section 23(2). Ref. HOHP/PF/16/0079

Decision - The Tribunal determined that the factor has not complied with the Property Factor Enforcement Order dated 17th March 2017.

Question - Was the above decision served on the Scottish Ministers in accordance with S.23(2) and/or the Procurator Fiscal, and if so, what was the eventual outcome? If not served, why not?

You also asked for information on what was the eventual outcome in respect of the above decision being served on Scottish Ministers. The Scottish Government does not have the information you have asked for because there is no eventual outcome as the matter is still under consideration by the Scottish Government.

You also asked for information on whether the above decision was served on the Procurator Fiscal, and if so, what was the eventual outcome. The Scottish Government does not have the information you have asked for because the Scottish Government is not responsible for reporting such matters to the Procurator Fiscal. The decision on whether to report such matters is for the First-tier Tribunal for Scotland Housing and Property Chamber.

This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://www.gov.scot/foi-responses

Contact

Please quote the FOI reference

Central Enquiry Unit
Email: ceu@gov.scot
Phone: 0300 244 4000

The Scottish Government
St Andrew's House
Regent Road
Edinburgh
EH1 3DG

Published:
8 Feb 2018
Registered property factors operating in Argyll and Bute: FOI release