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JGM, Solicitor
Category: Law
Satisfied Customers: 12199
Experience:  30 years as a practising solicitor.
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(Scotland) I own and rent out a flat in a close of 8, mixed

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(Scotland) I own and rent out a flat in a close of 8, mixed development of 80 flats and 41 houses. Our Property Manager quit two years ago due to non-payment by a number of owners and some of us are trying to manage the common areas between us. There is a Deed of Conditions saying there must be a PM and/or a Residents Association. We tried to get a PM however, given the history, only one would consider it and they didn't receive enough floats - houses were reluctant as they felt they were paying for nothing (common ground maintenance) and the non paying owners were not interested either. There was mentioned of changing the Deeds in some way to split flats and houses or make close by close, etc. etc. We don't know what to do or where to go with this and no single person can afford to pay legal fees for a whole development so ...... any advise gratefully received.
Thank you for your question.

The owners who want a common management scheme to work have a problem in the circumstances you describe. This is always the case when you have non paying owners who are happy for the development to go to rack and ruin before they would pay their share.

The difficulty with changing the deeds is that you would need the consent of a majority of proprietors to do that under section 33 onwards of the Title Conditions (Scotland) Act 2003 which you can read online. If that can be done you could then perhaps, block by block, adopt the Tenement Management Scheme which forms a schedule to the Tenements (Scotland) Act 2004 again available online. You would maybe want to engage a solicitor to deal with this to help you with the various intimations.

None of this is straightforward. Your other option is to put together a residents association of interested residents and develop a proactive, hard line policy against non payers of which one would assume are in the minority.

These are my general thoughts which I hope may be helpful to you.

Please leave a positive response so that I am credited for my time.
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