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 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
There may be circumstances where the title deeds do not accurately reflect the current owners. For example, if a couple owns a property and one has passed away and the title has what is called a ‘survivorship destination clause’, the whole property may now be owned by the surviving joint owner.
In addition, when someone passes away, their executor is responsible for dealing with the administration of their estate (which may include dealing with the property maintenance).
Legal reference
