Chamber and committees

The Property Factors (Scotland) Act 2011 (the Act) requires the Scottish Ministers to prepare and maintain a public register of all property factors and to consider whether a property factor is a fit and proper person to be registered as a property factor.

Under the Act, Scottish Ministers must prepare a property factor code of conduct setting out the minimum standards of practice expected of registered property factors. A Code of Conduct was introduced on 1 October 2012. We revised the Code in August 2021 to make it clearer, to drive up standards and to improve consistency, without placing an undue burden on companies that might result in significant additional costs being passed on to homeowners. The changes ensured the Code remained up to date and responded to concerns raised by homeowners as well as supporting important wider policy objectives around tenement maintenance.

A dispute resolution mechanism is provided for the resolution of disputes between homeowners and property factors through the First-tier Tribunal for Scotland (Housing and Property Chamber) (the First-tier Tribunal). This provides free access to justice for homeowners and there is evidence provided in the First-tier Tribunal's published Annual Reports noting the number of applications it has received. The most recent report demonstrates that homeowners are taking action against their Property Factor where they believe their Property Factor has not met the requirements of the Code of Conduct, or carried out their duties under the Act.

We are working through our financial support options at pace to define how we can support those developers who cannot afford to pay in full for their remediation liability. We are committed to ensuring that our approach is proportionate to a developer’s ability to pay and are working with developers now to define the level of contribution that would be appropriate.

A budget of £9m has been committed to reopening the Independent Living Fund in 2024-25. Funding for 2025-26 will be agreed through the annual budget process.

The budget of £9m for 2024-25 has been set on the basis of up to 1,000 disabled people receiving awards of up to £330 per week. The budget takes account of awards for new recipients phasing in over the course of the year, and makes allowance for the additional operational costs to Independent Living Fund Scotland for processing and assessing applications and supporting new recipients.

We have committed £9m in 2024-25 to offer up to 1,000 new applicants access to the Independent Living Fund. This initial funding takes into consideration that applications will be received and assessed over the course of the year, so that new awards will phase in as the year progresses. Funding for 2025-26, and the number of further people who will be able to access the Fund, will be agreed through the annual budget process.

The principles that will govern access to the reopened Independent Living Fund, recommended by the Co-Production Working Group, are set out on the Independent Living Fund Scotland website, at https://ilf.scot/news-post/update-re-opening-ilf-in-scotland/

The Independent Living Fund reopened to new applications at the start of April 2024. Following a period of systems and process testing with initial applications, ILF Scotland expect to open to online applications by late April. ILF Scotland expect to start making their first payments to new recipients from May.

Based on £9 million of funding available in 2024-25, Scottish Government and ILF Scotland worked together to develop indicative options based on varying threshold sums and maximum award levels for consideration by the Co-Production Working Group. The group provided recommendations to Ministers on reopening the fund, which were accepted. The recommendations report is available at: https://ilf.scot/wp-content/uploads/2024/03/Recommendations-for-Scottish-Ministers-v01.0.pdf

The group recommend that the Fund should re-open using a ‘threshold sum’ as a key access principle. The threshold sum is the value of the local authority / Self Directed Support care package and has been used by ILF since 1993 as a proxy for level of need. Following deliberations on the group on the number of people that may be eligible at different threshold levels, the group recommend that the Fund should open with a threshold sum of £800.

The group considered that 10 hours of additional independent living focused support and assistance was meaningful in relation to the realisation of Article 19 of the UN Convention on the rights of persons with disabilities (UNCRPD) and would enable a typical award to contribute to making a meaningful difference. Using the current ILF average hourly rates awarded of £22 per hour, taking 10 hours as the average, and 15 hours as the maximum, this equates to a maximum award of £330 per week.

To ensure that the Fund is affordable within the £9m allocation committed to by Ministers in the first year, each local authority area was allocated a share of 1,000 places in the Fund, with places allocated proportionately based on the size of the population and the percentage of disabled people in that area. The places allocated to each local authority is available on the ILF Scotland website: https://ilf.scot/re-opening-ilf/re-opening-frequently-asked-questions/#allocation

Up to 1,000 new applicants will be offered awards in 2024-25. The actual number of applications received will be monitored by ILF Scotland and Scottish Government.

Based on the recommendations of the Co-Production Working Group, the maximum award for new recipients of the Independent Living Fund has been set at £330 per week. Historically awards have tended to be substantially lower than the maximum. However, the Independent Living Fund is now open to new applicants for the first time since 2010, so it is challenging to estimate the average award level. Awards will depend on individual assessments by ILF Scotland Assessors of the award required to achieve the independent living outcomes sought.