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 arrangements
- different procedures apply to some flats
If you have downloaded the checklist and checked your titles against these, you will see the default equivalent Tenements (Scotland) Act 2004. Where there are problems with the titles, follow the specific part of the default rules in the Tenements Act for that issue only.
The main parts of the Tenements Act (i.e. not the default rules) apply in all cases. This includes the Duty to Maintain support and shelter and the obligation to insure each flat.
If neither the mandatory or default rules solve the problem, you may be able to come to a mutual arrangement with your fellow tenement flat owners in respect of specific repairs. Provided this arrangement is not in accordance with the titles or the Tenements Act, it will not be binding on owners who are not party to the agreement:
- if they did not agree in the first place
- if they bought their flat after the agreement was made
To make permanent arrangements for common maintenance which are binding on all owners and future owners, you need to make changes to all owners’ titles.
Legal reference
Duty to Maintain
Insurance obligation
