Update on Termination of RMG as Factor – 6th May 2023

An update on the ongoing challenges with RMG.

FTT Appeal:
A resident who raised a complaint to the FTT about RMG’s refusal to accept the vote to terminate their role and various other issues including code of conduct breaches in relation to updating their written statement of services and (lack of) communication to Woodilee Residents had a finding in his favour following a review where RMG admitted submitting a false statement to the tribunal. A PFEO has been proposed and RMG are keen for it to be accepted, recompensing the resident for the time spent getting RMG to accept the situation. The findings of fact in this case establish that RMG Limited changed the factor to RMG Scotland Limited in 2018 and then did not comply with the law to provide new Written Statements of Service. Finding can be viewed here:

Link to FTT decision

Should be noted that BTO were employed out again to defend RMG.

It is accepted that RMG did not follow the change of factor process within the Deed of Conditions setting the precedent that all owners need not be notified for a change of factor to take place. It has been put to RMG that this nullifies their grounds for rejecting the termination served by the WRA in Jan 2022.

BTO charges to residents:

Still nothing from RMG that we are aware of. If nothing heard back residents should exhaust RMG’s complaints process (link below) then take complaints to the FTT. Hopefully RMG will provide a position on this shortly.

Petition to Scottish Parliament about challenges in replacing factors:

Petition on this matter raised by a resident was accepted by the petitions committee (group of MSPs) on 3rd May. Seen to be an “issue that won’t go away”. They are writing to Scottish government and various other bodies to seek guidance on what is being done about this.

You can watch the discussion here:

Minutes from committee meeting here: