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JGM, Solicitor
Category: Property Law
Satisfied Customers: 12183
Experience:  30 years experience in property law.
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I have internal damage to my top floor flat due to my factors

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I have internal damage to my top floor flat due to my factors not replacing a roof they knew to be knackered. They have been doing patchwork repairs for the last few years. My insurance wont pay out as a result of the condition if the roof. What action can i take.
Thank you for your question. I am a solicitor in Scotland.
There are two issues here. The damage sustained already and the ongoing roof problem.
As regards ***** ***** remember the factors are only agents of the owners of the flats. If a roof replacement is required it has to be sanctioned by the owners, either following procedures laid down in the title deeds to the property or under the tenement management scheme laid down under the Tenements (Scotland) Act.
The procedures usually involve calling a meeting of the owners and voting on the necessary work. The factors would then be instructed to do the work and they will only do major works once they have collected the cost from the owners.
So, in short your starting point is your title deeds and calling a meeting on the basis that this is a major issue which has to be discussed and voted on.
As far as the damage you have already sustained your own insurers will have rejected the claim because the cause is wear and tear on the roof as opposed to one single event, such as storm or flood. I also doubt any common insurance policy maintained by the factors would take any different approach but that is the only other avenue open to you as regards ***** ***** would have to establish that the claim was caused through negligence on the part of someone and I don't think you will be able to do that unless the roof replacement had already been sanctioned and the factors delayed in carrying out the work for no good reason.
Happy to discuss further.
I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 2 years ago.
Thank you for your response. the only other issue we have is that the block is not entirely owner occupied and the factors are a housing association and have housing association tenants in the block. , plus the contractors have made the factors aware of the roof issue for sometime, so whilst some wear and tear is to blame they have been aware for sometime that the roof is in need of replacing.
In that case the factors are liable as owners for the flats that they rent to tenants. Do you know your Land Register title number of your property and I can then access your title deeds and advise you further? I have direct access to the Land Register.
Customer: replied 2 years ago.
No! My Address is 14H Tarbolton Road, Kildrum, Cumbernauld, Glasgow, G67 2AH. The deeds will be with my mortgage company Engage Credit(Pepper UK). Any further advise is more appreciated.
The address is not returning any results. When did you buy the house?
Customer: replied 2 years ago.
March 2001
It should definitely be there then. What name is ***** ***** title?
Customer: replied 2 years ago.
Mr Alistair Whyte
Customer: replied 2 years ago.
Title # ***** 33986
Thanks, ***** ***** with me to look at the title. I'll come back to you later today, I hope.
Customer: replied 2 years ago.
thanks v much
I have attached your title deed. If you look clause (FIFTEENTH) on page 8 you will see that any two owners in a block can convene a meeting by giving written notice to all owners in the block as well as the factor. Three or more owners forms a quorum. A majority vote is sufficient to instruct the factor to have the work done. I hope this and the attachment helps you. Please leave a positive response so that I am credited for my time. If you could also bonus pay the sum of £7 to cover the cost of getting the title from the Land Register of Scotland. Thank you.
JGM and 2 other Property Law Specialists are ready to help you
Customer: replied 2 years ago.
Thank you very much for the information I will off course pay the bonus amount.