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Need advice on a Scottish Legal issue

(1 Post)
bunchamunchycrunchycarrots Sun 21-Apr-13 11:43:47

I've been served notice by the council (7 days from 16th April), along with 7 other flat owners, to rectify a defect in the drainage system. I have tomorrow to do something about this but there are several issues which make the whole thing very difficult. The notice has been issued after an inspection was carried out by the housing officer dealing with the ground floor flat below me, and some laying water was found on the solum underneath this flat. A subsequent inspection by the council (instructed by the letting agent without any contact or discussion with the other owners beforehand) found the area where the lying water had been was now damp, but they could not determine where the water had come from. The tenant has not been able to explain this as she is an asylum seeker who cannot communicate clearly, and it seems her housing officer/letting agent haven't bothered to get an interpreter to try and get information from her as to a possible reason for the leak of water. Because a source of the leak hasn't been determined, the council have decided it's a defect with the drainage system serving the whole property. There is no smell to suggest this is a problem with the sewerage system/soil stack/drains. Because there has been no communication with or from the agents or housing officers for the flat below mine, I'm working blind as to what is going on. Both myself and another owner are not convinced that this is a common issue, but in the absence of any paperwork or information from the tenant/owner/housing officer/letting agent, we cannot do anything about the so-called defect as we don't even know where to start looking.

If we want to raise an objection to the notice served as an aggrieved person I need to refer the matter to the sheriff within the 7 day notice period by was of a summary application to the sheriff within the 7 days so I have tomorrow to get this done. The problem is I don't have a clue how to do that, and given the lack of communication from the people dealing with the flat below, and no previous letters or information from the council as to why they believe this to be a common issue and not one that is as a result of a leak from within the ground floor flat, I don't know if I have enough to go to the sheriff with to try and get more time to get to the bottom of what has happened. Also, does raising a summary application cost money? Do I need a solicitor for this?

Please help!

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