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Shared Repairs - when one person doesn't pay their share

12 replies

BuffysBigSister · 03/05/2026 14:10

I live in a flat in a building where 10 owners have shared responsibility for repairs. We are having urgent repairs done which I have organised - quotes etc,etc. One party has not yet paid their share. They own a commercial property so do not live on-site and my only way of contacting is via email. I can cover their share to ensure the final bill is paid (and will inform other owners so they can contribute). My question is how can I get this person to cough up? I am in Scotland. Is the only realistic option small claims court?

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Stillreadingalot · 05/05/2026 14:39

Is this a tenement property ? Have a look at underoneroof - for advice and guidance on this. Do you have a factor ?

Stillreadingalot · 05/05/2026 14:41

https://underoneroof.scot/

redboxer321 · 05/05/2026 14:49

How much is it for? Sherrif court (small claims court) has a limit of £5k or used to at least. Would that cover it? Sherrif court is really unpredictable too and it's totally up to you to enforce payment which is not easy. I'd try to go through 'proper' court if it comes to that. But first, I'd send a letter before action letter from a solicitor. Have you got an details other than an email for the non-payer? I'd try to split it between you all rather than you paying and inviting others to contribute too if I were you. Difficult to get money out of people if they don't want to pay.

KeepPumping · 05/05/2026 15:00

BuffysBigSister · 03/05/2026 14:10

I live in a flat in a building where 10 owners have shared responsibility for repairs. We are having urgent repairs done which I have organised - quotes etc,etc. One party has not yet paid their share. They own a commercial property so do not live on-site and my only way of contacting is via email. I can cover their share to ensure the final bill is paid (and will inform other owners so they can contribute). My question is how can I get this person to cough up? I am in Scotland. Is the only realistic option small claims court?

Their share should be split 9 ways, why should you pay it all?

BuffysBigSister · 05/05/2026 18:08

Thanks for all the comments. Most of the other responsible have now contributed a share to cover the missing party. One of them also mentioned a letter before action which I think I will look into. The problem is the missing property is owned by a "company" which is now being dissolved so I fear small claims may be a wasted journey. The company seems to be the guy I have been in touch with and his wife so maybe a legal letter would give them the extra nudge.
@Stillreadingalot I have emailed Under One Roof and they gave me some general advice

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helpfulperson · 05/05/2026 18:10

Some councils will pay the share then take over persuing the debt.

BuffysBigSister · 05/05/2026 18:12

helpfulperson · 05/05/2026 18:10

Some councils will pay the share then take over persuing the debt.

Yes, but where I am I think you have to apply for that before you actually start the work. Which isn't ideal

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redboxer321 · 05/05/2026 18:17

@BuffysBigSister Ask a lawyer about putting something (can't remember the legal term) on the property which means they can't sell it until they pay their share.

BejewelledCat · 05/05/2026 19:10

BuffysBigSister · 05/05/2026 18:08

Thanks for all the comments. Most of the other responsible have now contributed a share to cover the missing party. One of them also mentioned a letter before action which I think I will look into. The problem is the missing property is owned by a "company" which is now being dissolved so I fear small claims may be a wasted journey. The company seems to be the guy I have been in touch with and his wife so maybe a legal letter would give them the extra nudge.
@Stillreadingalot I have emailed Under One Roof and they gave me some general advice

You can lodge an objection at Companies House if the company is under strike off. That way you can continue to pursue them for their share and they won't be able to have the company struck off in the meantime. You need to act quickly and have any evidence you want to be considered but it's a very straightforward process.

https://www.gov.uk/object-to-a-limited-company-being-struck-off/make-an-objection

Object to a limited company being struck off

Object to a company's application to be removed from the companies register - how to find out if a company's applied for insolvency, who can object, how to object, what happens next.

https://www.gov.uk/object-to-a-limited-company-being-struck-off/make-an-objection

redhatpurplehair · 05/05/2026 19:24

redboxer321 · 05/05/2026 18:17

@BuffysBigSister Ask a lawyer about putting something (can't remember the legal term) on the property which means they can't sell it until they pay their share.

Lien?

redboxer321 · 05/05/2026 19:58

redhatpurplehair · 05/05/2026 19:24

Lien?

Yes, that rings a bell. Do you know if that would be possible in this case?

BuffysBigSister · 05/05/2026 20:39

Thanks again everyone. This has helped get things clear in my head. Definitely will get some legal advice and see how I get on

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