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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 16922
Experience:  30 years as a practising solicitor.
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I have a question in relation to common areas and one of the

Customer Question

I have a question in relation to common areas and one of the properties failing to maintain it. This is located in Scotland
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: They are being sent a letter after they have excluded me from correspondence to others who do not share liability. But have informed me as we talk
JA: Have you talked to a lawyer about this?
Customer: No, I have only sent on the evidence but had nothing yet
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Half of the shared area has been maintained and paid for at no cost to the person claiming payment for their half of the shared area in need of repair
Submitted: 1 year ago.
Category: Scots Law
Customer: replied 1 year ago.
There issues is a shared roof over 3 properties. 2no flats 1no house (formerly 2 flats/my property) the roof over the house has been repaired four years ago by the former owner at no cost to the other owners. The other half of the roof has been in a state of disrepair since 2017 and has not got in such a bad state they are want it repaired and for me to pay half. They have also requested money from owners of other properties that are no liable
Customer: replied 1 year ago.
Am I liable for repairs despite them knowing this needed repair for at least three years and have neglected the property while letting it out and letting get into such a bad state that it needs replacement.
Expert:  JGM replied 1 year ago.

Thanks for your question. I am a solicitor in Scotland and can help you with your question today. Can you explain your situation a little more please?

Customer: replied 1 year ago.
I live in a property that used to be divided into four flats. It is now a house and 2 flats. Think right hand side is one second and the left hand side is divided into two, one up, one down. The roof is shared. One side is in a serious state of disrepair and has been for at least 3 years. The owner of the upper flat contacted myself and others in October saying it needed repairs. When asked for more information I heard nothing. They have since went on to send letters to the other owner and four other people in the building adjacent stating the request for repair but has excluded myself from being given a letter. I only know about this from my other neighbour's. He has included the wrong address for myself in the letter. He then sent another letter yesterday to everyone excluding myself again. Stating there will be a meeting about the roof. None of this has been done through a solicitor.
Customer: replied 1 year ago.
The roof in question has been repaired over my property and they paid nothing towards it. This was done circa 2016 by the previous owner. The other half was left to rot, along with a overgrown garde .
Expert:  JGM replied 1 year ago.

Any idea why you have been excluded from the letters? And what do the title deeds say about procedures for making decision about common repairs, if anything?

Customer: replied 1 year ago.
I have no idea, the only reason I can think is because I requested more information from my solicitor at the time (October) I have checked with the owner of my old address if anything has been sent there and nothing. The deeds state that the owners of the block of 4 ( now 3) are liable for the repairs.
Customer: replied 1 year ago.
He has involved people who are stated in the deeds as only being responsible for the shared pathway.
Expert:  JGM replied 1 year ago.

You are liable for the repairs if the title deeds say so. They are technically liable for the repairs already carried out assuming that work was completed less than 5 years ago. I hope that helps to answer your question. Please leave a positive rating on the star rating system which is usually at the top of your screen. That will allow JustAnswer to credit me for helping you today.