Following our recent update on the appointment of NPM as factor for the estate we can confirm that it is now 7 weeks since the RA notified RMG of the residents’ decision to terminate their role on 30th April. Notification was sent on 28th January, providing RMG with more than the three months notice specified in the Woodilee Village Deeds and in RMG’s own Service Level Agreement. RMG have not yet responded formally to the decision made by us as residents, nor have they engaged with NPM in order to support a smooth transition, as they are legally bound to do under the terms of the updated Code of Conduct Part of the Property Factors (Scotland ) Act 2011.
We believe 7 weeks is more than sufficient time for RMG to provide a formal response to the decision of residents and to engage with the incoming factor. It is extremely disappointing that they have not yet done so.
In all the circumstances, we will press RMG to meet their legal obligations. It would also be helpful if individual residents raised formal complaints with RMG as a first step of a possible referral to the First Tier Tribunal. Several residents are already progressing this route.
It should not be forgotten that the factor role is a supplier into us as client (the residents of the estate). We collectively pay them to perform this service. We have the right to decide who performs this service as per the deeds of servitude and conditions. The Code of Conduct for Property Factors (Scotland) updated in July 2021 is in place to ensure the will of residents is enforceable. We expect RMG to comply with the terms of that code. Letters of complaint from individual residents will be a welcome additional source of pressure in reminding them of that legal obligation.