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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 14615
Experience:  30 years as a practising solicitor.
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Scotland law question: I own a flat and the extractor fan

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Scotland law question: I own a flat and the extractor fan vent in the kitchen has water coming in through it on occasion when it is a heavy rain. It has been looked at and the area on the roof needs some felting done around the vent. The job to stop the water coming in will cost a few hundred pounds.The vent is only for my flat. My question is would this be considered a communal repair (because it is on the roof) or is it only my repair (because the vent only serves my flat). Thank you.

Thanks for your question. Assuming the roof is a common part and it is the roof that needs fixed, not the vent, then it would be a common repair. Your titles deeds should give you a definitive answer but from what you say the problem is the roof and not your vent. I hope that helps. Please leave a positive rating so that I am credited by JustAnswer for helping you today.

Customer: replied 6 days ago.
Hi, thanks for your answer. The exact area that needs repair is the felt and flashing around the vent. The vent is only for my flat it is the thing that makes it watertight? Is that considered part of the roof? If this vent was not there for my flat, there would not be a leak. Thank you for clarifying this.

In that case the flashing and felt is a pertinent serving only your flat I’m afraid. You would be responsible under the Tenements (Scotland) Act.

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Customer: replied 5 days ago.
Thank you for clarifying that. I have rated this.