How can I find out more about my Title Deeds?
Your title deeds may set out what you are responsible for. If you do not have a copy of your title deeds, these can be obtained from the Registers of Scotland. Your solicitor or the Citizens Advice Bureau can give you more information on what your title deeds mean.
Who is responsible for repairs to common parts?
The Tenements (Scotland) Act 2004 provides a duty on all owners to maintain any part of the building that provides “support and shelter” for any other part. The Act provides that this duty may be enforced by any other owner who is, or would be, directly affected by any breach.
If there is nothing in the title deeds or if they are unclear, then the Tenement Management Scheme provides a structure for the maintenance and management of a tenement. The Tenement Management Scheme includes provision for majority decision making on a range of issues, including repairs.
Where can I get information about organising common repairs?
There is an overview on organising common repairs in the leaflet "Common Repairs, Common Sense".
What can I do if other owners won’t cooperate?
Where the Tenement Management Scheme applies, decisions about repair and maintenance agreed by a majority of owners are binding on all the owners, and are enforceable by any owner. This may mean that the majority have to bear the up front cost of carrying out work but they have the right to recover their cost as a civil debt. The Scheme also allows any owner to carry out emergency work and recover the costs. However, few repairs are likely to be this urgent.
How can I find an absentee landlord?
The local authorities may be able to help tracing absent landlords. Private landlords are required to register with their local authority, and the local authority must decide if the landlord is a fit and proper person to let property.
Members of the public can search the registers of all local authorities to find out whether a person or organisation is registered, or to get contact details for a particular rented property.