Dealing with other Owners

What is it?

Dealing with owners who refuse to pay their share of common costs

Other owners in your property may be reluctant to take responsibility for a share of the costs of common maintenance or repair.

Who is it for?

This advice is for all owner occupiers and owner landlords of tenement buildings.

Other owners in the property

What can be done to encourage other owners to pay their share?

Owners who wish to proceed with a common repair but find that where there is at least one owner refusing to co-operate, under Scots Law they can:

a)  do nothing
b)  take action themselves
c)  engage a solicitor to act on their behalf.

In the case of b) or c), this may include taking that person or persons to court.

Frequently asked questions on common repair

Among the options which could be pursued where the Title Deeds or the Tenement Management Scheme specifically prove that the person concerned should pay a fair and appropriate share are:

• Owners seek to switch to another property factor who is prepared to act on behalf of owners
• Form an owners association to consider options
• Set up a own self factoring operation
• Persuade the others to co-operate  for example through face to face discussion, by letter or e mail or by using an independent mediator
• Take legal action to enforce the Title Conditions (usually this will involve appointing a solicitor)
• Bear the cost of the repair individually or collectively, which the owners may not be able to recover
• Seek assistance for example by approaching the local authority to determine if the Council will assist with the provision of a "missing share"