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 rules of the Tenements (Scotland) Act 2004 apply. These say that if a flat is owned by more than one person then:

  • you only need consult with one of them
  • there is one vote for the flat - if joint owners disagree, then they must take a majority view between them
  • you can make any one of the joint owners responsible for repairs - they must then recover other owners' share of costs

Legal reference

Tenements (Scotland) Act 2004 s28 (7)

Tenement Management Scheme Rule 1.6, 2.4, 2.8