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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 13316
Experience:  30 years as a practising solicitor.
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Council works question

Customer Question

The Housing (Scotland) Act 2006 confirms that
all owners have an obligation to maintain and
repair common property and owners are legally
bound to pay a share of any costs involved in
these works.
Under the Tenements (Scotland) Act 2004 a
majority of owners in blocks can make decisions
to carry out repairs and maintenance for the
whole block. We, as owners, want to work with
you and other owners to agree on the work to be
carried to the blocks where we share ownership.
However, the council can if necessary use the
powers contained within the 2004 Tenements
(Scotland) Act, and the 2006 Housing (Scotland)
Act to ensure that certain work within common
blocks proceeds.

Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.
That's fine as far as it goes, assuming the works are:
1. Necessary.
2. Properly decided upon.
Happy to discuss further.
I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 3 years ago.

My property didn;t require the works , it was cosmetic, I disputed, there are 5.000 ex council owned property in renfrewshire and we all got this leaflet. We were told not asked

Delivering external housing improvements.

Introduction 1
Pilot Projects 3
Identifying the work that needs to be done 4
How much is the work likely to cost? 6
Financing options and independent advice 10
When will work be carried out in your area? 12
Additional information and contacts 18
What is the Scottish Housing Quality Standard (SHQS)? 19
Questions and answers 20

Expert:  JGM replied 3 years ago.
In that case you will have a defence on two counts:
1. Failure to floow the procedure in the legislation.
2. Works unnecessary to start with.
Customer: replied 3 years ago.

I want to see this through court, if you feel I have a case can you help?

Expert:  JGM replied 3 years ago.
I can answer any questions that you have. I cannot take on the case for you. That is not allowed by the just answer rules. You would have to instruct your own solicitor.