need a new roof and neighbour wont pay!

sparky23

Basically a 4 in a block flat all owner occupiers in Scotland.

I have a 2 year old and there is water coming in. Had roof looked at and its rotten toally gubbed.

I had a repair done before which they agreed to pay then didnt and it was in my name so I was left to pay

Is there anyone who can advise me?

Thanks

ormus

get a quote for the work and then get the money up front, off the non payers.
before you start any work.

vicmorrow

Environmental Health may be of help. I had the same problem years ago and they ordered the repair be done and billed everyone for their share.

Jnelhams

I would check your deeds of sale to see what the position is in relation to common areas. Scottish Property Law is very different to English Law and so I would suggest you speak to your local Citizen's Advice Bureau / Legal Advocacy (Your local Library or Phone book) who should give you some pointers. I would suggest it is a joint liability and that there should be a common sink fund and buildings insurance policy held between you all to stop this sort of issue arising. In regards to the work you've already had to pay for, you probably could take court action to recover a proportion of this from the other owners although how your relationship will be with the other owners is another matter. Good luck.

dld2s

Do you not have a factor? if so they should be able to help

macman

You can take a civil action against the other party for breach of contract, but since you failed to get anything in writing, it'll be your word against theirs.
Are they denying they agreed, or just refusing to pay though?

Torry_Quine

Jnelhams wrote: »

. I would suggest it is a joint liability and that there should be a common sink fund and buildings insurance policy held between you all to stop this sort of issue arising. In regards to the work you've already had to pay for, you probably could take court action to recover a proportion of this from the other owners although how your relationship will be with the other owners is another matter. Good luck.

I live in a four in a block in Scotland. Each owner is responsible for their own building insurance and there is no common fund. You rely on everyone paying their share in such an event.

dld2s wrote: »

Do you not have a factor? if so they should be able to help

Factors are not usual.

macman wrote: »

You can take a civil action against the other party for breach of contract, but since you failed to get anything in writing, it'll be your word against theirs.
Are they denying they agreed, or just refusing to pay though?

Whether they agreed or not the deeds will show if they are liable.

welda

sparky23 wrote: »

Basically a 4 in a block flat all owner occupiers in Scotland.

I have a 2 year old and there is water coming in. Had roof looked at and its rotten toally gubbed.

I had a repair done before which they agreed to pay then didnt and it was in my name so I was left to pay

Is there anyone who can advise me?

Thanks

If "gubbed" I assume an old-ish tenement?

You really need to speak to your solicitor regarding common repairs. Be a good idea to also speak with council, they may run similar to Edinburgh when it comes to common repairs?

:beer:
Ps, if downstair has problems with rising damp, bet they would be knocking your door for ££££££££'s