# Property Factors (Scotland) Act 2011, Section 19: Determination by the First-tier Tribunal

Extent: S

(1) The First-tier Tribunal must, in relation to a homeowner’s application referred to it under section 18(1)(a), decide—
(a) whether the property factor has failed to carry out the property factor's duties or, as the case may be, to comply with the section 14 duty, and
(b) if so, whether to make a property factor enforcement order.
(2) In any case where the First-tier Tribunal proposes to make a property factor enforcement order, it must before doing so––
(a) give notice of the proposal to the property factor, and
(b) allow the parties an opportunity to make representations to it .
(3) If the First-tier Tribunal is satisfied, after taking account of any representations made under subsection (2)(b), that the property factor has failed to carry out the property factor's duties or, as the case may be, to comply with the section 14 duty, the First-tier Tribunal must make a property factor enforcement order.
(4) Subject to section 22, no matter adjudicated on by the First-tier Tribunal may be adjudicated on by another court or tribunal.

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Source: https://www.legislation.gov.uk/asp/2011/8/section/19 (the official version)
Page: https://openlegislation.uk/property-factors-scotland-act-2011/section-19
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.