FED-UP homeowners have been handed a major boost under new rules making it easier to kick out rogue property factors.
The right to sack rip-off factors already existed – but a crippling two-thirds majority hurdle buried in many title deeds often left owners stuck with rip-off managers.
Changes introduced in April under the Housing (Scotland) Act 2025 mean a simple majority vote is now enough to show poor-performing factors the door.
The shake-up means residents are no longer shackled by restrictive title deed conditions that made replacing a factor a near impossible task.
Experts have hailed the move as a game changer, saying it shifts power firmly back into owners’ hands.
They stress that while the title deeds themselves remain valid – outdated voting rules on booting out rogue or poorly performing factors are now overridden by the new rules.
But there is a catch – the new rules do not give all homeowners an immediate escape route.
Developers typically hand their chosen factors a three or five-year appointment – meaning those firms cannot be removed until that “burden” expires.
Jill Andrew, a Partner at Connell & Connell solicitors, who also chairs the Edinburgh Conveyancers Forum, says the new Act sets the threshold for owners in housing developments to dismiss a factor by a simple majority.
She said: “The new legislation will take effect replacing any existing title deed or title condition to the contrary.
“The title deed can say whatever the developer wants it to say but developers and their solicitors will be aware of the new legislation and I would assume will be making new deeds compliant with the legislation going forward.”
Ms Andrew added: “There is no need to retrospectively change deeds already registered or undergoing registration into the Land Register.
“Any title condition that does not meet the terms of legislation in effect when that condition is being transacted upon in a purchase or sale transaction, the title condition will be interpreted under the law in force at that time.
“There may well be deeds which are currently undergoing registration which contain provisions contrary to the new legislation.
“That does not mean that the entire title deed is invalid. It simply means that the condition which imposed, for example, a two-thirds majority, would now be overridden by the statutory term set in the legislation.”
But some warn the reforms do not go far enough.
Tim Eagle, Scottish Conservative housing spokesman, said: “These changes may give homeowners more power to challenge rogue property factors, but they don’t disguise the fact the Housing (Scotland) Act fails to tackle Scotland’s housing emergency.
“Homeowners and tenants deserve more than piecemeal reforms – they need a government focused on delivering more homes, greater choice and a housing market that works.”
Campaigners say the shake-up finally hands control back to residents after years of complaints over soaring bills, poor repairs and a lack of accountability.
The changes are expected to affect thousands of new-build homeowners across Scotland.
It comes as complaints over rip-off property factors have more than doubled in five years, fuelling calls for a crackdown on rogue operators.
Figures show a sharp increase in homeowners turning to Scotland’s property disputes tribunal to settle bitter factoring wrangles.
Almost 1600 complaints were logged by the First-tier Tribunal (Housing and Property Chamber) over claims including high fees and botched repairs between 2019 and 2025.
Another 1337 cases were also reviewed by Scotland’s Upper Tribunal appeals court during the period.
Data shows just 12 dodgy dealers have been struck off the property factor register since the Act was passed in 2011.
Critics say the figures are just the tip of the iceberg, with many disgruntled homeowners unaware they can escalate disputes to the HPC and others put off by the pace and sheer complexity of the complaints process, which can leave cases dragging on for years.
They say the figures expose a system where weak enforcement and minimal sanctions have failed to weed out poor performers.
The Law Society of Scotland acknowledges ongoing frustration among homeowners.
Gail Watt, convener of the Society’s Property and Land Law Reform Sub-Committee, said: “The property factors system in Scotland continues to be contentious.
“We have engaged constructively with the Scottish Parliament and Government on issues with the system, and will provide our legal expertise to assist as further reforms are pursued.
“Solicitors drafting title deeds are required to apply the law as it stands while balancing often complex competing interests.”
