Legal Position

Knowes Housing Association is a Register Property Factor (Registration number PF000201) and provides home owner services to around 600 properties in the Faifley/Duntocher Area. In the last decade the system of land and property ownership in Scotland underwent radical change as a result of legislation from the Scottish Government.

Title conditions contained in individual title deeds for owner occupied properties and title conditions detailed in the Association's title to tenanted properties allow Knowes Housing Association the right to enforce those title conditions against owner occupiers.

The title deeds are the legal documents which confer ownership and will include a description of the property (including details of common property in flatted dwelling houses). The title deeds impose a responsibility on owners to contribute towards the cost of necessary repairs and maintenance of their home and common parts of the block including common pathways, fences, common stairs, close etc. The title deeds will also include a legal obligation to pay a share of common repairs to the property. You should be able to obtain a copy of your title deeds. If you do not have them you can obtain them from either the solicitor who carried out your purchase for you or from your building society/bank if you have a mortgage.

The legal position concerning factoring is laid out in the Title Conditions (Scotland) Act 2003 and the Tenements (Scotland) Act 2004.

Knowes responsibilities under the Property Factors (Scotland) Act 2011 are set out in the Code of Conduct for Property Factors.  This is currently being revised and is out for consultation.  You can download this on the Scottish Government’s website