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Research Briefings
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Ais-eòlas
Published by The Scottish Parliamentary Corporate Body
Flats: management, maintenance and repairs
Author: Sarah Harvie-Clark
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Published: Thursday 09 Sep 2021 (SB 21-59)
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Overview
Report
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Overview
Report
Executive Summary
What this briefing covers
Flats as a type of housing
The policy background to this briefing
The state of Scotland's flats and why this matters
The challenges of working together
Reform - but not for a while
How a tenement building is owned
Rights and responsibilities of flat owners
Why the title deeds are important
Getting the title deeds
The mortgage lender or solicitor
Registers of Scotland
What determines how a tenement building is owned
Title conditions: a type of legal obligation found in title deeds
Types of title condition - real burdens and servitudes
Enforcing a real burden
The Tenement Management Scheme
Some key terms
Tenement
Maintenance
Scheme property
Taking scheme decisions
What is a scheme decision?
What can flat owners decide on?
Following the correct procedures
Sharing the costs of repairs and maintenance
Equal sharing for some types of costs
A more complex set of rules for other categories of costs
Challenging scheme decisions
Appeal rights for flat owners
Right of veto for owners who would pay 75% of the costs
Who can enforce scheme decisions
Emergency work
Support and shelter - including the duty to maintain
Common insurance
What the law says in more detail
Taking decisions about insurance and paying for it
Property managers or factors
How property factors are appointed
A requirement in the title deeds
Owners take the initiative
What service contracts do
Regulation of property factors
The Property Factors (Scotland) Act 2011: an overview
Registration and de-registration of property factors
The Code of Conduct
Written statement of services
General service standards
Property factor duties
Applying to the First-tier Tribunal for Scotland (Housing and Property Chamber)
Changing property factors
Working together with other flat owners
Communication and decision-making
Owners' associations
What is an owners' association?
What form does an association take?
Unincorporated associations
Development Management Associations
Tracking down owners
If the flat is rented out
If the flat is empty
Approaches which might be helpful in a range of circumstances
Searching the property registers
Companies, partnerships and trusts
Private detectives
Access to flats for maintenance and other purposes
Resolving disputes
Taking court action
Potential drawbacks
The court process
Alternatives to court action
Negotiation with other flat owners
Mediation
A solicitor's letter
A local authority's powers in relation to the condition of housing
Local authority powers to address poor housing conditions
Powers in housing legislation
Other legislation giving powers to local authorities
Paying for repairs and maintenance
Savings and Loans
Building reserve funds
Different types of loan
Deposits and maintenance accounts
Help from the council - missing shares
Section 50 of the Housing (Scotland) Act 2006
Section 4A of the Tenements (Scotland) Act 2004
Repayment charges
Help from the council - schemes of assistance
What happens if a flat is sold in the middle of repairs
Sources
Image: Figure 1: Different types of buildings containing flats
Image: Figure 2: Condition of older homes in Scotland
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Robertson, D. (2019, November). Why Flats Fall Down: Navigating Shared Responsibilities for their Repair and Maintenance, p 23 . Retrieved from
https://thinkhouse.org.uk/site/assets/files/1345/befs0120.pdf
Justice Committee. (2013). 8th Report, 2013 (Session 4): Inquiry into the effectiveness of the provisions of the Title Conditions (Scotland) Act 2003, paras 132-151. Retrieved from
https://archive2021.parliament.scot/parliamentarybusiness/currentcommittees/64203.aspx
Scottish Government. (2020, December 1). Scottish house condition survey: 2019 key findings, Table 2. Retrieved from
https://www.gov.scot/publications/scottish-house-condition-survey-2019-key-findings/pages/4/
Scottish Government. (2020, December 1). Scottish House Condition Survey: 2019 Key Findings, paras 2.2.25-2.2.27 and Figure 3. Retrieved from
https://www.gov.scot/binaries/content/documents/govscot/publications/statistics/2020/12/scottish-house-condition-survey-2019-key-findings/documents/scottish-house-condition-survey-2019-key-findings/scottish-house-condition-survey-2019-key-findings/govscot%3Adocument/scottish-house-condition-survey-2019-key-findings.pdf
Scottish Government. (2020, December 1). Scottish house condition survey: 2019 key findings, Figure 7. Retrieved from
https://www.gov.scot/publications/scottish-house-condition-survey-2019-key-findings/pages/4/
Scottish Government. (2019, December 1). Scottish House Condition Survey: 2019 Key Findings, para 271. Retrieved from
https://www.gov.scot/publications/scottish-house-condition-survey-2019-key-findings/pages/8/
Berry, K., & Harvie-Clark, S. (2021, May 12). "Tenements and repairs – why should MSPs be interested in this topic?" in Key Issues for Session 6: Covid, Climate and Constitution. Retrieved from
https://digitalpublications.parliament.scot/ResearchBriefings/Report/2021/5/12/df69604c-1a2f-4a50-94fe-26c48f8623e7#6c6b888d-6cab-41d5-be8b-b250877f585f.dita
Scottish Parliament Local Government and Communities Committee. (2021, March 24). Local Government and Communities Committee Session 5 Legacy Report, paras 89-93. Retrieved from
https://bprcdn.parliament.scot/published/LGC/2021/3/24/e3a12f80-40e7-4b00-a62c-bdc89076974e/LGCS052021R10.pdf
Scottish Government. (2020, December 16). Securing a green recovery on a path to net zero: climate change plan 2018–2032 - update. Retrieved from
https://www.gov.scot/publications/securing-green-recovery-path-net-zero-update-climate-change-plan-20182032/pages/8/
Scottish Government. (2021). Heat in buildings strategy - achieving net zero emissions: consultation. Retrieved from
https://www.gov.scot/publications/heat-buildings-strategy-achieving-net-zero-emissions-scotlands-buildings-consultation/
Robertson, D. (2019, November). Why Flats Fall Down Navigating Shared Responsibilities for their Repair and Maintenance, pp 26-27. Retrieved from
https://thinkhouse.org.uk/site/assets/files/1345/befs0120.pdf
Scottish Parliament Working Group on Maintenance of Tenement Scheme Property. (2019, June 4). Working Group on Maintenance of Tenement Scheme Property: Final Recommendations Report. Retrieved from
https://www.rics.org/globalassets/rics-website/media/news/working-group-on-maintenance-of-tenement-scheme-property---final-recommendations-report.pdf
Scottish Government. (2019, December 20). Tenement maintenance report: Scottish Government response. Retrieved from
https://www.gov.scot/publications/tenement-maintenance-report-scottish-government-response/
Scottish Government. (2021, March 15). Housing to 2040. Retrieved from
https://www.gov.scot/publications/housing-2040-2/
Reid, K.G.C., & Gretton, G.L. (2016). Land Registration, paras 4.18 and 4.19. Edinburgh: Avizandum Publishing Ltd .
Scottish Parliament Justice Committee. (2013). 8th Report, 2013 (Session 4): Inquiry into the effectiveness of the provisions of the Title Conditions (Scotland) Act 2003, para 138. Retrieved from
https://archive2021.parliament.scot/parliamentarybusiness/currentcommittees/64203.aspx
Consumer Focus Scotland. (2009). Common Repairs, Common Sense - a short guide to the management of tenements in Scotland. Retrieved from
http://www.gov.scot/resource/0041/00417200.pdf
Scottish Government. (2017, October). A Consultation on a draft revised code of conduct for registered property factors. Retrieved from
https://consult.gov.scot/housing-regeneration-and-welfare/code-of-conduct-for-registered-property-factors/user_uploads/sct09171080781-01.pdf
Scottish Government. (2021, July 14). Property Factors (Scotland) Act 2011: Code of Conduct for Property Factors, para 4.3. Retrieved from
https://www.gov.scot/publications/property-factors-scotland-act-2011-code-conduct-property-factors-2/pages/6/
Scottish Government. (2021, July 14). Property Factors (Scotland) Act 2011: Code of Conduct for Property Factors, para 4.5. Retrieved from
https://www.gov.scot/publications/property-factors-scotland-act-2011-code-conduct-property-factors-2/pages/6/
Scottish Government. (2021, July 14). Property Factors (Scotland) Act 2011: Code of Conduct for Property Factors, para 6.6. Retrieved from
https://www.gov.scot/publications/property-factors-scotland-act-2011-code-conduct-property-factors-2/pages/6/
Scottish Government. (2021, July 14). Property Factors (Scotland) Act 2011: Code of Conduct for Property Factors, paras 6.10. Retrieved from
https://www.gov.scot/publications/property-factors-scotland-act-2011-code-conduct-property-factors-2/pages/7/
Scottish Government. (2021, July 14). Property Factors (Scotland) Act 2011: Code of Conduct for Property Factors, para 5.5. Retrieved from
https://www.gov.scot/publications/property-factors-scotland-act-2011-code-conduct-property-factors-2/pages/7/
Under One Roof. (2021). Appealing Decisions. Retrieved from
https://underoneroof.scot/articles/1072/Owner_meetings/Appealing_decisions
Robertson, D. (2019, November). Why Flats for Fall Down: Navigating Shared Responsibilities for their Repair and Maintenance, p 44-45. Retrieved from
https://thinkhouse.org.uk/site/assets/files/1345/befs0120.pdf
Scottish Parliamentary Working Group on Tenement Maintenance. (2019, January). Working Group on Maintenance of Tenement Scheme Property: Interim Recommendations Report, p 8. Retrieved from
https://www.befs.org.uk/wp-content/uploads/2019/01/SPWG-Interim-Recommendations.pdf
Anna Evans. (2016, November). Scottish Government Registered Social Landlord Missing Share Consultation: Final Report. Retrieved from
https://www.gov.scot/binaries/content/documents/govscot/publications/corporate-report/2017/12/registered-social-landlord-missing-share-consultation/documents/registered-social-landlord-missing-share-consultation-pdf/registered-social-landlord-missing-share-consultation-pdf/govscot%3Adocument/Registered%2BSocial%2BLandlord%2BMissing%2BShare%2BConsultation.pdf
Anna Evans. (2016, November). Scottish Government Registered Social Landlords Missing Share Consultation: Final Report, Executive Summary, paras 17-20 and pp 22-24. Retrieved from
https://www.gov.scot/binaries/content/documents/govscot/publications/corporate-report/2017/12/registered-social-landlord-missing-share-consultation/documents/registered-social-landlord-missing-share-consultation-pdf/registered-social-landlord-missing-share-consultation-pdf/govscot%3Adocument/Registered%2BSocial%2BLandlord%2BMissing%2BShare%2BConsultation.pdf
Scottish Government. (2009). Implementing the Housing (Scotland) Act 2006: Statutory Guidance for Local Authorities: Volume 5 Scheme of Assistance. Retrieved from
https://www.webarchive.org.uk/wayback/archive/20150218233537/http://www.gov.scot/Publications/2009/03/25153822/0
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