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Tenement repairs

29 replies

JustAnotherWednesday · 04/09/2024 11:39

I live in a tenement with 15 flats. Originally, there were 16, but at some point, two flats were combined into one, reducing the total to 15. We're facing some expensive repair work in the stairwell, and I'm unsure whether I should be paying 1/16th or 1/15th of the bill. I believe I need to check my neighbors' deeds to be certain, but I've had difficulty accessing them. Does anyone have advice on how I should proceed?

OP posts:
IHaveNeverLivedintheCastle · 13/09/2024 20:50

OrangeCrusher · 05/09/2024 14:45

I have honestly never heard of a tenement block without a factor in Glasgow. I thought there had to be overall building insurance to cover things like subsidence, etc. Maybe it's more common now to have an owners association to oversee that sort of thing.

That's Glasgow. Edinburgh and Aberdeen don't use factors.

IHaveNeverLivedintheCastle · 13/09/2024 20:54

OP, if there 16 flats in the tenement the title deeds almost certainly allocate 1/16th to each flat. That will have been imposed when each flat was sold. It can't be altered unless everyone affected agreed to alter their title conditions.

If 2 flats have been knocked into one the owner of that flat bears 2/16ths. The alteration of those flats cannot alter the responsibility of the other 14 owners.

IHaveNeverLivedintheCastle · 13/09/2024 20:59

Blistory · 05/09/2024 00:24

Given the costs involved to you, you either stick to the points that -

1.Your Deeds set out that your obligation is 1/16th

  1. That the flat in question remains under two titles and therefore each flat remains subject to 1/16th each
  1. That if the flats have been combined into one title, that the allocation for communal repairs should be based on square footage which would still result in the flat in question paying a larger share.

If you can't reach agreement you would need to consider approaching all owners to appoint a factor to deal with these issues going forward or enlist the help of the local authority to get the repairs done.

I would be seriously reluctant to get involved in such substantial and costly repairs involving 15 separate parties without a factor or local authority involvement.

The Under One Roof website is really good with guidance and templates but outwith that, the most cost effective route would be to appoint factors.

Either way this is going to cost something to resolve which might be worth it for long term peace of mind

  1. That if the flats have been combined into one title, that the allocation for communal repairs should be based on square footage which would still result in the flat in question paying a larger share.
  2. No it shouldn't. If 2 flats are combined into 1 the combined flat still carries the 2 shares the 2 individual flats had.
Timetodownsize · 13/09/2024 22:13

According to Under One Roof it is a legal requirement to have sufficient buildings insurance to cover the individual properties AND the common parts. Insurance won't cover regular maintenance/repairs but it will cover things like storm damage to the roof or pipes bursting.

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