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Tenement Property Law

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annominous | 20:12 Sat 07th Jun 2014 | Law
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I own a top-floor flat in Scotland. About two years ago, the skylight window in the close roof started leaking. The factor obtained three estimates to repair the damage which ranged from £6000 to £2000.
The lowest estimate was divided between the ten owners but most of them have refused to pay. The factors say that they can't force the other owners to pay unless a majority are prepared to pay.
The leaking has increased and the stair wall has become very badly stained. Also puddles have formed on the stairs during heavy rainfall.
I am afraid that this will lead to rot in the roof space and further hefty bills.
Is there anything I can do to prevent this?
Ann

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It all depends on: i) the property factor's authority to act ii) share of repairs under title deeds. This should be a common repair or Statutory Notice under Tenements (Scotland) Act 2004. Contact your local authority for advice on emergency repairs (they have slightly different regulations). Shelter Scotland have a useful guide here:...
20:45 Sat 07th Jun 2014
It all depends on:

i) the property factor's authority to act

ii) share of repairs under title deeds.

This should be a common repair or Statutory Notice under Tenements (Scotland) Act 2004. Contact your local authority for advice on emergency repairs (they have slightly different regulations).

Shelter Scotland have a useful guide here:
http://scotland.shelter.org.uk/get_advice/advice_topics/repairs_and_bad_conditions/repairs_and_maintenance_in_common_areas/problems_with_repairs_in_common_areas
Question Author
Many thanks, plowter, for your very useful answer. I will now try to get sight of my title deeds.
Ann
Sounds like an urgent repair to prevent damage to the fabric of the building.

Each local authority has a slightly different arrangement.
As an example, here's Edinburgh's interpretation.

http://www.edinburgh.gov.uk/downloads/download/66/title_deeds_and_tenements_scotland_act_guides

Check with your own LA first.
Question Author
Hi Plowter
Have just had a look at the title deeds and the onus for repairs is allocated to all ten co-owners. However, it also says 'the proprietors of the said tenement shall by a majority vote decide what repairs or renewals are necessary for the proper maintenance of the common parts of the said tenement'
This seems to take me back to square one.
I have contacted the local council but they have said that they cannot act unless the damage is affecting a 'living space' of the property.
The firm who have given the estimate for repairs have confirmed that this damage if left unattended, will damage the fabric of the building.
Is there anything else I can do?
Many thanks for your interest.
Ann
Question Author
Hi Plowter
Just thought I would give you an update on this problem.
I obtained another quote for the work from a reputable contractor. It came out considerably less than the previous cheapest one. I then wrote to all the other proprietors individually enclosing the quotation. All have agreed to pay their share, so now the work can go ahead.
So a happy ending to a sticky problem. Thanks for your help in understanding how these things work.
Ann

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