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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11745
Experience:  30 years as a practising solicitor.
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How do I get all 6 residents in a block of 6 flats to pay for

Resolved Question:

How do I get all 6 residents in a block of 6 flats to pay for repairs and maintenence on the communal areas and roof?
Submitted: 4 years ago.
Category: Scots Law
Expert:  JGM replied 4 years ago.
Thank you for your question.

The short answer to your question is that you sue them jointly in the sheriff court in an action for payment.

If you explain your situation a little more I will be happy to discuss in further detail.

I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 4 years ago.

I wanted to know what my rights were in this situation rather than the last resort?

Expert:  JGM replied 4 years ago.
You haven't given me any information at all to enable me to help you. You haven't told me what your interest is in these people, whether you are a builder or a factor, whether you did the works or arranged for the works. Nothing. So I cant tell you what your "rights" are if you tell me nothing about the situation?
Customer: replied 4 years ago.

OK I stay in a block of six flats, there is some essential work required. I want to get everyone to agree to pay for it equally. Is there any law or regulations I can quote on correspondance to them which will ensure they know they are required to pay a share?

Expert:  JGM replied 4 years ago.
As one of the residents you will be able to quote one of two things:

1. The title deeds may provide that each owner is liable to pay a sixth share of common repairs. It would be very unlikely that the titles did not provide for an equitable division of the cost of common repairs.

2. However, if the title deeds are silent you can refer to the Tenement Management Scheme provided for in the Tenements (Scotland) Act 2004. The TMS kicks in where the titles don't provide a scheme for repairs.

See www.legislation.gov.uk/asp/2004/11/schedule/1 and in particular Rule 4 although as I say your title deeds should state quite clearly that there is an equal responsibility to contribute to common and roof repairs.
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