Common repairs and factoring services
Common repairs and the Tenements (Scotland) Act 2004
Maintaining and repairing common areas doesn't need to be problematic for those living in tenements and other buildings with shared ownership. It is in everyone's interest to ensure that repairs and maintenance issues are seen to promptly, so that the condition of the property is maintained.
The recent Tenements (Scotland) Act 2004 and the Title Conditions (Scotland) Act 2003 have led to significant changes in the way common repairs are handled.
The changes mean that, whatever is specified in the Title Deeds of a property:
- everyone in the stair is responsible for repairs to common parts and a majority vote by all owners is required to decide whether work goes ahead
- owners are liable to pay for works, even if they did not give consent for it, and this can be enforced through the courts
- the law makes provision for the development of Tenement Management Schemes for each tenement, and making sure the building is maintained and repaired
This means that if one or two owners do not voice an opinion, or are opposed to work going ahead, the other owners in the block can still implement the work.
Further information for owners of tenement flats on the responsibilities for maintaining and repairing common parts is provided in Communities Scotland's booklet Common Repair, Common Sense .
Factoring services
The majority of tenements and jointly owned properties in Glasgow are managed by factoring services. These services generally undertake both maintenance of common areas such as stair-cleaning, and repairs to common parts as and when required.
Each company will operate its repairs service slightly differently. However, there are some features common to many of them. They:
- undertake regular maintenance checks on their properties, for example, once a year
- rely on residents telephoning to notify them of ongoing repair issues
- require a regular fee for management and maintenance costs (with repairs billed as and when they happen)
- normally identify a maximum value for 'minor' repairs, and these are generally carried out without consulting all owners
- require consent from the majority of owners before work can proceed on major repairs
- often require payment for major repairs before work is started.
Some factoring services use a 'sink fund' to pay for on-going repairs This is a fund that is paid into on a regular basis by owners, so that one-off costs are kept to a minimum. If an owner decides to sell their property, their contributions to the sink fund are sold along with the property.
If you live in a tenement and a factoring service provides the maintenance for your property, it is important that you understand what you are paying for, and how repairs can be reported to them. Contact your factor to find out these details.
While common repairs pose problems that are very different from those encountered by owners of individual properties, there is some overlap in relation to identifying problems and acting on them early.
Communities Scotland has produced a booklet to help with home maintenance - How Fit is Your House? An Easy Guide to House Maintenance .
Shelter Scotland has also produced a maintenance checklist for annual inspections .
While neither of these are tailored to common areas of flats or tenements, they provide a useful guide to identifying possible problems, and employing trades people.
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