We are coming across an increasing number of queries from landlords regarding the problems arising from common repairs and we are frequently asked - who pays for common repairs?
Many landlords will have tenanted properties in blocks of flats where there will be common property requiring maintenance and repair. The question of who carries out the work and more importantly who pays for it is often one that is up for debate.
There may be a factor appointed for the block that has the responsibility of ensuring any common works are carried out and billed accordingly. However in many situations a landlord can find themselves faced with arranging the works themselves, in situations where there is no factor in place.
When considering common works, the first point of call for the landlord should be the title deeds for the property. If the title deeds are with a lender, the landlord may be able to obtain copies from Registers of Scotland who operate the registration of land ownership in Scotland. The title deeds should give details of who is responsible for payment of the common charges and what procedures the landlord requires to follow in respect of instructing common works.
If however, the title deeds are silent regarding common works, the landlord can refer to the Tenements (Scotland) Act 2004, a handy piece of legislation designed to fill in any gaps caused by inadequate title deeds.
If the landlord doesn't follow the correct procedures for instructing the works, he may find himself in a position where he cannot enforce payment from the other owners. The only exception may be in cases of emergency - the landlord may have the right to go ahead immediately with any necessary works in this scenario and subsequently recover payment from his fellow owners.
Provided the landlord has complied with either the terms of the title deeds or the Tenements (Scotland) Act 2004, the owners should all be liable for a share of the cost of any common repairs instructed. If payment is not forthcoming, the landlord can pursue the owners through the courts to recover their loss.
The world of common repairs and title deeds can be a tricky one - if you require further advice please get in touch with our LetLaw team.
