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 respect, some have some very strange rules!

The Tenements (Scotland) Act 2004 contains default rules that will apply if necessary, but check your title deeds in case there are any differences. The default rules provide that:

• there is one vote per flat (including jointly-owned flats)
• if the decision is about a mutual repair, then only those owners responsible for a share of the cost can vote
• an owner can nominate another person (for instance, their letting agent or a relative) to act on their behalf
• a properly made decision is binding on all owners, and their successors, even if they did not agree – if owners do not agree with a decision, there are some (limited) grounds for appealing or annulling the decision

A majority decision is one made by e.g. four owners out of six agreeing, five owners out of eight agreeing.

A tied decision (e.g. three out of six owners agreeing) is not a majority decision. Consider invoking the Duty to Maintain if urgent repairs are required.

Legal reference

Making decisions about works

• Tenement Management Scheme, Rule 3.2

Binding decisions

• Tenement Management Scheme, Rule 8

One vote per flat

• Tenement Management Scheme, Rule 2.2

Voting on mutual repairs

• Tenement Management Scheme, Rule 2.3

Nominations

• Tenement Management Scheme, Rule 2.2

Joint owners

• Tenements (Scotland) Act 2004, s 28 (7)

and

• Tenement Management Scheme, Rules 1.6, 2.4, 2.8