Liability for roof?

HB58

" what is a 'petard'?"

A small bomb.

rpc

Torry_Quine wrote: »

I'm in Scotland! :rotfl:

Find it really strange that you own a property for a set time as the land isn't yours. My flat is all mine.

Read the deeds. It will be in there.

Probably, you are equally liable for all of the 'common' structure. But that would be covered in your deeds.

tbs624

G_M wrote: »

Ah there you go! Hoisted by my own petard! ( what is a 'petard'?)

miss off the "ed" - check Shakespeare's Hamlet

..........Let it work,For ’tis the sport to have the engineer
Hoist with his own petard. And ’t shall go hard,
But I will delve one yard below their mines,
And blow them at the moon

Marvellous

Torry_Quine

G_M wrote: »

Ah there you go! Hoisted by my own petard! ( what is a 'petard'?)

From what I understand (limited) in Scotland there is frequently a managing agent or 'factor' who manages the mainenance/repairs etc, and in other cases there are informal arrangements made by the different flat owners.

English system seems far clearer, with a lease specifying who is responsible for what!

There's a thread here.

And Scottish legal dictionary here.

Responsibility for repairs and maintenance in common areas in scotland

edit. Found it.!

No managing agent or factor here either. Every owner has their own responsibility.

rpc wrote: »

Read the deeds. It will be in there.

Probably, you are equally liable for all of the 'common' structure. But that would be covered in your deeds.

That's right. Things like the roof, drains etc are paid for by all.

rpc

Then I don't understand what the issue is. The deeds say what you are liable for full stop.

Upstairs may not own the roof space (it could be communal) or it could be theirs, but you have a right to access. My first flat was similar and downstairs had a limited right to access because the TV aerials were in 'my' loft space. I don't see that I could have converted the loft in those circumstances. My sister used to be top in a four floor block (no factors) and she did not own the loft space, although the only access was through her flat. It varies.

sgun

In Scotland you are all liable for the roof if your block has 2 or more flats across differnt floors. This is explained in the Tenement (Scotland) Act 2004. The law was changed a few years ago but check what your title deeds say as the act can be overridden depending on the wording. However if the repairs are not carried out following a strict procedure you can void the process through an application to a sherrifs court.

The fact that it might have been converted makes no difference in Scotland.

Its complicated and long winded and I'm at the end of organising a tenement roof repair so ask if you need to know anything. Its very easy to get fished in to paying more than necessary if the person organising it all doesn't really know what they are doing and doesn't know what needs to be repaired rather than replaced (flashings for example).