Factoring Owners Satisfaction Survey - Commercial Owners and Shared Costs

Why Do Commercial Units Contribute to Some Residential Costs?

Some commercial owners told us they feel they are charged for services they do not use. We recognise the strength of feeling expressed by some shop and commercial owners regarding factoring charges, particularly where services are perceived as unused or unfair.

However, contributions are based on legal responsibility, not usage.

Historically, many mixed-use buildings were set up so commercial units carried a higher percentage of repair and maintenance obligations. These arrangements were then recorded in the Title Deeds and remain legally binding.

Can Title Deeds Ever Be Changed?

Yes. if owners believe a deed obligation is unfair, outdated or no longer appropriate, an application can be made to the Lands Tribunal for Scotland.

The Tribunal can consider requests to:

• Vary property burdens
• Amend shared cost arrangements
• Remove outdated deed conditions

What Yorkhill Can Do

Although we cannot change deed obligations ourselves, we can help owners understand:

• How costs are applied
• What their deeds require
• Where to obtain further guidance

Why Yorkhill must continue applying the current deed shares

Until the Lands Tribunal formally varies or removes a burden, unfortunately, Yorkhill Housing Association cannot:

• Remove commercial contributions
• Change cost percentages
• Transfer costs to residential owners

We must apply costs exactly as set out in the Title Deeds. This protects fairness and prevents the factor from acting outside the law.