The warning first
Switching factors doesn't fix the factor model. Plenty of buildings run a long campaign, appoint someone new, and are unhappy again within the year — because the thing they hated (opacity, mark-ups, feeling powerless) is baked into how factoring works, not into one company. Decide whether your problem is this factor or the arrangement. It changes what you do next.
If you do want to switch
Here's how it works.
- Step 1
Find out who actually has the power to decide
Your title deeds set the rules for your building. They may name a factor, set a specific majority to remove one, or say nothing at all. If the deeds are silent or incomplete, the Tenement Management Scheme (the default rules in the Tenements (Scotland) Act 2004) fills the gap. You cannot run a valid vote until you know which rulebook you're under. This is the single most important step, and the one most buildings skip.
- Step 2
Read the Written Statement of Services
Your factor is legally required to give you one. It sets out the notice period and the procedure to end the arrangement. There is no single statutory notice period in Scotland — it's whatever your contract says. Anyone who tells you “it's 3 months” or “it's 28 days” is guessing; check the document.
- Step 3
Get the majority
Under the TMS, appointing or dismissing a manager is a majority decision: one vote per flat, more than half the flats needed (see our guide on voting thresholds). Your deeds may set a higher bar. Watch for a “manager burden” — some deeds let the original developer lock in a factor for an initial period.
- Step 4
Hold a valid vote
Give proper notice, let every flat vote, record the result. Owners who didn't vote in favour have a limited window (28 days) to challenge the decision, so keep everything documented.
- Step 5
Serve notice in writing
Follow the procedure in the Written Statement of Services.
- Step 6
Get your money back
Recover any float or credit balance. When you give notice, the outgoing factor must provide the final account position within three months.
One thing the Tribunal can't do: the First-tier Tribunal (Housing and Property Chamber) cannot dismiss or change your factor. It only rules on whether the factor breached the Code of Conduct. Dismissal is a decision the owners make together — not something anyone does for you.
This is information, not legal advice. Verify with a solicitor for your specific situation.