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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11753
Experience:  30 years as a practising solicitor.
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I have a question about a council charging inflated prices

Customer Question

I have a question about a council charging inflated prices for roof repairs they carried out. I own 2/6 (2 flats) and they own 4/6. They did not allow me to get quotes for roof works. The roof works they had carried out were unnecessary and cosmetic. The total is around 10k and my share is 4k, the total works could have been carried out for less than 2k can I appeal in court?
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
Do the title deeds provide a mechanism for carrying out common repairs and in particular the manner in which estimates are to be got or is simply a question of one flat one vote? Or are the title deeds silent?
The answer to your question depends on what if anything the title say about doing common repairs.
Customer: replied 2 years ago.

not that im aware of, I believe it's one flat one vote however the whole street got the same works all the other property is council

Expert:  JGM replied 2 years ago.
i'll be back to you later this evening as I'm travelling just now . In the meantime can you confirm whether the council act as factors for the properties?
Customer: replied 2 years ago.

The site states to leave a positive rating once you have received an answer. The property is not kept as well as the other properties in the street so I would say no

Expert:  JGM replied 2 years ago.
Sorry, I pressed "answer" instead of "need info".
The position is that if there is nothing in the title deeds regulating how decisions are taken and if there is no factor, the provisions of the Tenements (Scotland) Act 2004, Schedule 1 apply and I recommend you look at this online.
Rule 2.5 provides that decisions are taken by majority but going on from that Rule, there is a procedure to be followed involving notice of meetings, consultation and giving formal Notice of decisions.
If the council haven't followed the procedure and if you are right that there's nothing in the titles and no factor, you can dispute the underlying decision to carry out the works.
Happy to discuss further.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 2 years ago.

Hi there, I may come back to you soon. meantime thanks for your time and I will leave a rating

Expert:  JGM replied 2 years ago.
Thank you