Management

Tenement management

If you live in any kind of building containing flats, you have rights and responsibilities, along with your co-owners, to maintain and manage common repairs in your building.

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Resources

A guide to setting up an owners’ association
A guide to setting up an owners’ association

An owners’ association is a formal arrangement between the owners, complete with a constitution, and agreed rules and procedures. Having one in your building can make a big difference when…

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Consultation Responses
Consultation Responses

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Decisions-tree guide for organising common repairs
Decisions-tree guide for organising common repairs

Organising common repairs can be challenging. Download our decisions-tree guide to help you navigate the process and ensure you're following proper procedures. Download the decisions-tree guide Learn more about organising…

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DIY building surveys
DIY building surveys

We recommend that you get a professional survey carried out on your building every five years. In between, take a proper look at the building yourself using this guide. If…

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Duty to Maintain template letter
Duty to Maintain template letter

Download our Duty to Maintain template letter to inform your co-owner(s) of their legal duty to maintain the support and shelter of your building and inform them of necessary repairs.…

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Example Simple Procedure claim
Example Simple Procedure claim

An example of what you might write on the Simple Procedure claim form. You can 

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Owners’ association sample constitution
Owners’ association sample constitution

Adapt this as appropriate for your own building. Download a copy of this sample constitution Owners' Association Sample Constitution Model Constitution of the XXXXXXX Association 1. Name The name of…

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Repair notification template letter
Repair notification template letter

Obtaining formal consent from your co-owners is essential at key stages during the repairs process. It's also considered best practice to regularly update everyone on the progress of the repairs.…

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Rules for running a maintenance account
Rules for running a maintenance account

A maintenance account serves as a dedicated account for funds earmarked for future repairs and maintenance. The account holds the float contributed by each owner, as well as any advance…

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Useful contacts
Useful contacts

Housing and Property Chamber (First Tier Tribunal)

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Your building’s rules checklist
Your building’s rules checklist

Use this downloadable checklist to note the key rules that apply to your building. If there is nothing on a particular topic in your titles, then you must use what…

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Explore all our management articles

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Getting advice
Getting advice

Many areas have local advice centres where you can go to talk through difficulties you're facing. Money advice Finding a money advice centre near you Free legal advice Free legal…

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Acoustic engineers
Acoustic engineers

Acoustic engineers are trained in the study of sound and how it moves through different materials. Acoustic engineers can advise on how to deal with noise problems in your building…

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Architects
Architects

Architects do not only design new buildings - many also have considerable experience in managing tenement repairs. They will also carry out building condition surveys and prepare maintenance plans. How…

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Clerk of works
Clerk of works

Employed by the client in a construction project, the job of the clerk of works is to keep an eye on the building works. Employed by the client in a…

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Quantity surveyors
Quantity surveyors

Often used on larger jobs, a quantity surveyor will normally be brought in by your architect or surveyor. On jobs of the size or larger than a full roof replacement, a…

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Surveyors
Surveyors

A building surveyor will help you specify, tender for, and supervise repairs. They will also carry out building condition surveys and prepare maintenance plans. There are several types of surveyor,…

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Identify required work
Identify required work

Sometimes, the need for repair is obvious, such as when you have a damp patch. However, planned repairs can save you money - a stitch in time saves nine. Even…

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Trade associations in Scotland
Trade associations in Scotland

Trade associations will register members and make, at the least, paper checks to ensure that the member is legitimate, solvent, and has appropriate qualifications. They all have an online service…

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Get your building surveyed every five years
Get your building surveyed every five years

If you don't know the condition of your building, you don't know how to prioritise repairs. A survey can give an objective assessment of the issues for you and your…

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Structural engineers
Structural engineers

A structural engineer can advise on the significance of cracks or subsidence and any remedial measures you need to take. You should enlist the help of a structural engineer if…

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Action on antisocial behaviour
Action on antisocial behaviour

The approach you take to dealing with antisocial behaviour will depend on the type of problems you are experiencing and your own confidence in dealing with people. You may feel more…

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Police help with antisocial behaviour
Police help with antisocial behaviour

The police can take action (and seek a conviction) on any antisocial behaviour which is a criminal offence. Antisocial behaviour which can be considered criminal includes: vandalism attacking another person…

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Estate landscaping
Estate landscaping

Even if you live in a house rather than a flat, you may still have common responsibilities that apply to the housing estate around you. Problems may often occur on:…

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Walls
Walls

What or where is the problem? Stonework Worn/decaying/flaking stone Staining on stones Cracked stones Cracked stones Rusting steel pins crack stones Crack in previous stone repair Bulging walls Bulging walls…

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Effective meetings
Effective meetings

Some simple rules can help you to have a good meeting and keep owners coming back to finish business. You could circulate your meeting rules in advance. Take turns to…

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Legal glossary
Legal glossary

A list of the legal terms you may find in your title deeds or may need if you use Simple Procedures. Arranged alphabetically. Where a term is in italics, it…

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Difficult conversations
Difficult conversations

When you need to speak to a neighbour, prepare yourself in advance. Be prepared first of all, get your facts in order, so you know what options are available to both…

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Emergency repairs
Emergency repairs

Emergency repairs are defined as those that: really cannot wait for a scheme decision to be made  are required to prevent damage to your building  are in the interests of…

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Closing Orders
Closing Orders

These orders are used when a flat is in such a poor state of repair that it becomes unfit for human habitation. When used These orders can only be used…

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Council help with antisocial behaviour
Council help with antisocial behaviour

Your local council has legal powers to take action against noise and health hazards. Contact the Environmental Health, Antisocial Behaviour, or Community Safety Teams. The types of action that the council can…

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Problems with your builder
Problems with your builder

Check your contract with the builder to see what scope you have for complaints. Use their complaints procedure first, and then escalate to their trade association complaints procedure (if they…

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Repairs and flat sales
Repairs and flat sales

If you have common repairs underway, even if you have only got as far as getting agreement, you can make sure that owners who sell their flats don't disrupt the…

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Taking legal action
Taking legal action

If you have a dispute with a co-owner that you have been unable to resolve through meetings and discussions, you can use mediation or go to the Sheriff Court to…

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Access to your flat
Access to your flat

There are a number of defined occasions when you must allow access to your flat to allow for communal repairs and associated works. In terms of the Tenements (Scotland) Act…

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Keeping common areas clean and tidy
Keeping common areas clean and tidy

Keeping the common areas clean is part of your maintenance obligations. These obligations are set out in law and in your title deeds. Like common repairs, you are almost always…

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Maintenance or improvement
Maintenance or improvement

You need to check your title deeds to see if they define what 'repairs' and 'improvements' are for your building. Title deeds are often very vague on these issues, especially those…

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Mutual repairs
Mutual repairs

Some parts of the building are shared between some, but not all, owners. Typically, these are parts of the building that only some owners use. The owners that don't have…

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Common repairs
Common repairs

Common repairs refers to the parts of the building for which all owners as a group are responsible for maintaining. Note: This is not strictly the language used with the…

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Individual repairs
Individual repairs

Repairs for which a single owner is responsible are called 'individual repairs'. These are generally the inside of the flat, doors to individual flats, and windows. Repairs for which a…

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Solicitors
Solicitors

If you are considering legal action, it is worth talking to a solicitor first. You may be able to get a free first meeting or legal aid - ask your…

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Selling your flat
Selling your flat

Good property management is a good selling point. Purchasers want to know they are buying into a property with a good future, rather than a pile of problems. The first…

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Self-factoring
Self-factoring

Many flats are self-factored. To get the best experience from this, you need to be well-organised and prepared to call on professional help when required. Many buildings self-factor as the owners…

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Tracing absentee owners
Tracing absentee owners

Land ownership is public information, as is the name of landlords. Landlords You can search for the details of a private landlord through the Scottish Assessors website. However, this information is…

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Finding the money
Finding the money

Repairs are inevitable and need to be tackled quickly before more damage is caused leading to bigger bills, possibly affecting the value of your property. Grants for repairs are seldom…

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Keeping accounts
Keeping accounts

Maintaining a common bank account to hold advance payments for repairs is recommended. This account could be managed by your owners' association or property manager. Creating a Building Reserve Fund…

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Factors and in-house trades firms
Factors and in-house trades firms

If your factor uses an in-house trades firm, you may wonder how the factor ensures value for money. There are of course benefits to using an in-house firm. It avoids…

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Insurance through your factor
Insurance through your factor

Insurance premiums can make up a large part of your factoring fee, so you'll want to check you are getting the best deal. By law, every flat owner must carry…

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Property Factors Code of Conduct
Property Factors Code of Conduct

The Property Factors (Scotland) Act 2011 established the requirement for a detailed Code of Conduct which property managers must adhere to. This is a summary of the Code of Conduct.…

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How the council enforces repairs
How the council enforces repairs

Your council has a number of powers it can use to enforce repairs. However, not every council has the resources to do so. This can stop a council from taking…

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How the council recovers costs
How the council recovers costs

Your council can use a 'repayment charge' to recover repair costs. It is registered on the title deeds and means that an owner will likely have to pay off the…

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Repairing Standard for private landlords
Repairing Standard for private landlords

Designed primarily to help tenants, this order may also be useful for getting landlords to deal with common repairs. It can only be served by your local council. When used…

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Providing evidence
Providing evidence

Council officers and police need proof of antisocial behaviour. They may be able to provide this themselves, but you can also help, and its simple and safe to do. You…

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Building contracts
Building contracts

You need to have a written agreement with any trade firm before you finally accept a quote and work starts on the ground. For smaller jobs, under £1,000 or so,…

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Work on-site
Work on-site

There is a lot that can be done to make it easier to cope with work on-site and get the best from your chosen firm. If you have employed an…

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Health and safety
Health and safety

You have a legal responsibility to consider health and safety matters on every building contract. If you employ a professional to manage building work, they will take over all these…

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Contacting owners
Contacting owners

It's good practice to have a list of owners and their contact details, including email addresses and phone numbers, if possible. When making decisions, you should take all reasonable steps…

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Whose agreement do we need?
Whose agreement do we need?

As always, check your title deeds to see what applies to your building.  If there is nothing, or it is unworkable, then act as below. The default rules in the…

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Voting
Voting

These are the rules that apply in most tenements, but you must check your own tenement rules in case there are differences. While most title deeds are straightforward in this…

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Appealing decisions
Appealing decisions

There is legal protection for owners who do not agree with majority decisions. The circumstances are relatively limited. If the decision has been made using the default rules within the…

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Joint owners
Joint owners

What to do when a flat is owned by a couple or a partnership. As always, check your title deeds on this matter. If there is nothing there, then the default…

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Example Simple Procedure claim
Example Simple Procedure claim

An example of what you might write on the Simple Procedure claim form. You can 

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Communication tools and techniques
Communication tools and techniques

If you feel that establishing a property management agreement could improve the overall running of your block of flats or tenement and create a more harmonious living environment for residents,…

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Dealing with noise
Dealing with noise

If you are suffering from noise caused by the everyday living activities of your neighbours, there are a number of things you can do to improve sound insulation. Noise caused…

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Missing Shares
Missing Shares

Councils have the power to pay Missing Shares where a minority of owners do not pay their share of common repairs. When can the council pay Missing Shares? Your council…

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Work Notice
Work Notice

This notice is used to protect the building fabric and is for work which is necessary to bring or keep a house up to a reasonable state of repair. When…

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Maintenance Orders
Maintenance Orders

Maintenance orders are often used as a follow-up to other notices to avoid future repair problems. A Maintenance Order requires owners to produce a plan to maintain their property to…

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Public Health Nuisance/Abatement Notice
Public Health Nuisance/Abatement Notice

A problem with common repairs can become an official public health 'nuisance'. An official 'nuisance' is something that affects people and must be 'abated'. The health of the building cannot…

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Other powers to enforce repairs
Other powers to enforce repairs

You may occasionally come across these other powers being used by the council to enforce common repairs. Disrepair/defective building notice This order is designed to protect the building fabric and…

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Antisocial tenants
Antisocial tenants

Your council, and any housing association or private landlord, should take measures against tenants who breach their tenancy conditions, which includes antisocial behaviour. The landlord should speak to their tenant,…

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What is antisocial behaviour?
What is antisocial behaviour?

Antisocial behaviour is behaving in a way that is causing or is likely to result in alarm or distress. It can include a sequence of activities that has these results…

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Finding a trades firm
Finding a trades firm

You need to get together a long list of potential tradespeople and then check out the firms to reach your shortlist. Ask your shortlisted trade firms to give you a…

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Getting quotes
Getting quotes

If you need an educated guess about what a repair will cost, ask for an estimate. If you want a considered, fixed price, ask for a quote. Putting together a…

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Private landlords
Private landlords

One of the biggest changes to tenement and flat living in the past decade has been the increase in the number of flats which are rented out rather than owner-occupied.…

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Garden maintenance
Garden maintenance

Gardens can be a very useful asset for your building and some good plans for improving buildings often come out of owners' discussions over a back garden BBQ. But who…

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Building Reserve Funds
Building Reserve Funds

Building Reserve Funds (also known as Sinking Funds) are a type of fund set up to pay for repairs. Key points about Building Reserve Funds all owners pay in on…

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Paying for repairs
Paying for repairs

Repairs are inevitable and need to be tackled quickly before more damage is caused. Ideally, you will have saved a cash reserve for such occasions. Otherwise, you will need to…

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Changes to shares paid
Changes to shares paid

If you are not able to change your property titles, you and your fellow co-owners can agree to temporarily divide shares differently to what is stated in the titles. The…

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Dealing with damage
Dealing with damage

Owners may feel aggrieved if one owner, their visitors, or tradespeople they have employed, have caused damage to the common property. Ideally, the owner concerned should pay for the damage,…

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Alterations and improvements
Alterations and improvements

Before making any changes to your flat, whether that's 'improvements' or changes in use, you need to check your title deeds and check if you need to get any consents…

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Buying a flat
Buying a flat

While flats are good value for money and often close to many services, you need to check carefully what you are buying into. When buying a flat, you are buying…

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Are landlords factors?
Are landlords factors?

Are you acting as a factor if you are a private landlord who arranges common repairs in blocks where you own a property? The Property Factors (Scotland) Act 2011 s2 Guidance from…

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Using the Simple Procedure
Using the Simple Procedure

If you have followed correct procedures and your co-owners still won't pay their share for common or mutual repairs, you can use the new Simple Procedure claims action at the…

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Defending a Simple Procedure claim
Defending a Simple Procedure claim

If a Simple Procedure claim is made against you and you do nothing about it, the court will almost automatically grant an order against you. If you have a court…

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Below Tolerable Standard (BTS)
Below Tolerable Standard (BTS)

If your property is Below Tolerable Standard (BTS), your house is classed as being unfit for human habitation. You may be able to get additional help to bring the property…

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Enforcing a judgement
Enforcing a judgement

Once you have a court judgement, if the debtor does not immediately pay up, you will need to enforce payment of the debt. Enforcing the decision At this stage, you…

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Owners’ associations
Owners’ associations

An owners' association is a formal arrangement between the owners of your building. It arranges regular meetings to discuss how your building will be managed and maintained. By 'formal' we…

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What is ‘responsibility’?
What is ‘responsibility’?

Your responsibility in a flatted building doesn't just extend to paying for common repairs. If you are responsible for maintaining a part of a building you are required to: keep…

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The loft – who owns it?
The loft – who owns it?

In some cases, the loft may be individually owned. However, repairs to the loft may be a common responsibility. Always refer to your title deeds to check who owns the…

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Impact of the Property Factors Act
Impact of the Property Factors Act

In the summer of 2017, the Scottish Government carried out a review of the Property Factors (Scotland) Act 2011. This is a summary of what they found. Since the Property…

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Dormer windows – who pays?
Dormer windows – who pays?

Whether repairs to dormer windows are individual or common depends on when they were built. If dormer windows were built at the same time as the rest of the building,…

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Community mediation
Community mediation

Community mediation is designed to help with neighbour problems. Both parties must be willing to take part. An independent mediator will listen to the views of both you and your…

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Duty to Maintain: support and shelter
Duty to Maintain: support and shelter

The Tenements (Scotland) Act 2004 imposed on every owner a duty to maintain the parts of the tenement that provide support and shelter. This would apply to leaking roofs, rot…

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Building insurance
Building insurance

You are obliged by law to have adequate insurance for the tenement and common parts. This is to cover your share of the costs of major and expensive damage to…

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Forced to change factor?
Forced to change factor?

What happens when a factoring business shuts down and owners are transferred to another firm? Are your funds protected if the factor goes out of business? We've never known a…

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Rules that apply to all flats
Rules that apply to all flats

Some rules apply to all flatted buildings, regardless of what the titles say. The rules that apply to every flat are: a requirement to have building insurance the Duty to Maintain…

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Shops and commercial premises
Shops and commercial premises

Owners of shops and commercial premises in tenements and blocks of flats need to follow the same rules as other types of owners. Share of repairs Shops must pay their…

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Typical ways costs are shared
Typical ways costs are shared

Your titles may set out the share to be paid by each owner in a number of ways. The most common ways that costs are shared are by: equal shares…

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Property factors (managers)
Property factors (managers)

Property factors, also known as property managers, are employed by you and your co-owners to manage the common parts of your building. Property factors are governed by the Property Factors…

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Inform owners and reach decisions
Inform owners and reach decisions

You need formal agreement from your co-owners at specific points in commissioning a repair. But, it is also good practice to keep everyone posted of progress throughout the repair process.…

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Is the noise excessive?
Is the noise excessive?

Opinions on what is noisy can vary, so the Scottish Government has set out guidelines for councils to follow. You can check noise levels yourself with a smartphone app, but…

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Shares where flats have been enlarged or split
Shares where flats have been enlarged or split

Problems may occur where flats have been subdivided, merged, or enlarged into the loft or basement after the title deeds were drawn up.  Ideally, title deeds for all flats should…

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Resolving problems with factors
Resolving problems with factors

You should start the process of resolving complaints informally and work through the increasingly formal steps if you need. Start informally The first thing to do if you have a…

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Owner meetings
Owner meetings

Meetings are the best means of communicating with owners as everyone gets a chance to ask questions and share their point of view. You don't necessarily need a meeting to…

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Buying and selling flats with cladding
Buying and selling flats with cladding

Mortgage lenders now require that those buying flats with cladding to provide a satisfactory EWS1 certificate. An EWS1 certificate can only be provided by a qualified fire engineer and initially…

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Notice of Potential Liability for Costs
Notice of Potential Liability for Costs

Owners are responsible for paying for repairs from the time a properly agreed scheme decision to go ahead with work is reached (or in the case of work carried out…

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Financing Repairs and Retrofit: Read our toolkit
Financing Repairs and Retrofit: Read our toolkit

Repairing or retrofitting tenement buildings can be an expensive and complicated process.  Many of Scotland’s tenement owners want to carry out repairs, or retrofit their building to make it more energy-efficient, but…

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Contact your council
Contact your council

Private Sector Housing, Planning, Environmental Health, and Building Control functions are generally spread across a number of service departments which vary from one council to another. Please note: the Private…

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How can a property factor help with energy efficiency in tenements?
How can a property factor help with energy efficiency in tenements?

Text by Iain Cairns and Emma Miller, University of Strathclyde What are property factors? The Property Factors (Scotland) Act 2011 defines property factors as follows: Property factors, also known as…

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What are titles
What are titles

Titles are proof of ownership of a property or building and contain the various rules that apply to the property or building. Titles have been gradually changing since the 1980s…

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Your building’s rules checklist
Your building’s rules checklist

Use this downloadable checklist to note the key rules that apply to your building. If there is nothing on a particular topic in your titles, then you must use what…

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Changing your titles
Changing your titles

If your titles are holding back repairs, they are relatively easy to change, particularly if all owners agree. If you cannot get all owners' agreement, then you will need to…

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Problems with titles
Problems with titles

Many titles have gaps or are inconsistent. Typical problems encountered with titles are: something missing (in terms of common maintenance) shares not adding up to 100% share of costs unworkable…

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How to find your titles
How to find your titles

You should have been given a copy of you Title Sheet (previously known as a Land Certificate) or titles when you purchased your flat. If you have purchased your property…

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What to look for in titles
What to look for in titles

Titles are often tricky to work through, so it pays to have a checklist and some idea of how your titles are set out. This information should have been given…

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Enforcing repairs yourself
Enforcing repairs yourself

There are a number of options for enforcing repairs that you can take yourself, some with legal help. There are other solutions that can only be implemented by your local…

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Stone in Scotland: Past, Present and Future, A Seminar with Historic Environment Scotland

The first short talk of the day was delivered by architect Ingvar Maxwell, who explored the history of stone in Scottish buildings from the prehistoric age until the 20th century. He explained how…

Rebecca Ferguson-Grant
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Buying and selling flats with cladding

Mortgage lenders now require that those buying flats with cladding to provide…

406 305 Under One Roof

Below ground level

Your tenement may have a basement, sometimes used for living accommodation or…

905 800 Under One Roof

Guide to energy efficiency improvements

Insulation, draught-proofing and improved glazing can save money, improve comfort and reduce…

2560 1707 Under One Roof

Insulating traditional solid walls

Recent research suggests that traditional solid stone or brick walls provide better…

2560 1707 Under One Roof
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Attendance to Navigating tenement building repairs with East Lothian Council Event on 5th September

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5th September - Navigating tenement building repairs
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Attendance to Preserving our tenements with East Lothian Council and Dunbar CARS on 12th September

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12th September - Preserving our tenements
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