Factoring Repairs (Scotland)

[Deleted User]

If this the wrong forum would you please move it for me, thank you?

The Factor who has looked after our block of flats for over twenty years since they were built (six owners) has said that repairs cannot go ahead until the money is paid in full in advance. In the past repairs were done and were billed quarterly with other maintenance and management fees etc. but this has changed.

Only two of the six owners now actually live in their flats as owner/occupiers and the other four are rented out by their owners. I am one of the two owners who paid for the repairs (one sixth each) in full several months ago. When I enquired about the repairs being done I was told that they could not go ahead as four of the six owners had not paid and had not, so far, responded to reminders. As a result painting work, already paid in full, has not gone ahead. It would normally make sense for painting to be delayed until repairs are done.

Because the repairs cannot be 'forced' by the Factor, and it would be too much for them to underwrite, would it be reasonable, in the circumstances, to ask for the painting, already paid for in full, to be done? Could I ask for the payment paid by me in advance for repairs, not now being done in the foreseeable future, to be refunded? I'm quite upset but accept that owning and living in a flat can have problems.

The paintwork is an eyesore at present. Any advice will be very much appreciated. The flats (Scotland) are freehold and the Factor is paid a management fee.

Crimson 60

Rosemary7391

Unfortunately I think your main problem is that only 2 of the 6 flats have agreed. Assuming you're on the "normal" set of rules (can't remember the name right now), if you had majority agreement then the other owners would be required to pay up.



How urgent is the maintenance? Could it wait a couple of years? How do the repairs interact with the painting?

[Deleted User]

Rosemary7391 wrote: »

Unfortunately I think your main problem is that only 2 of the 6 flats have agreed. Assuming you're on the "normal" set of rules (can't remember the name right now), if you had majority agreement then the other owners would be required to pay up.



How urgent is the maintenance? Could it wait a couple of years? How do the repairs interact with the painting?

Thank you very much for answering, Rosemary7391.

All of the internal communal redecoration work has already been done and paid for. We only realized afterwards that, although painting of the outside doors had been included and paid for, they were not done because one door is damaged and the other (both outside) is in a poor state with paint peeling right into the bare wood. They look neglected with rust marks where screws have been and signs od wood rotting at the step. Ideally the repairs should be done before painting.

I think yet another bill was the last straw and four of the owners are not agreeing to pay. The doors will rot if not painted, they are a real eyesore and don't look at all presentable. Rather than let them become even worse I would like them at least to be painted - the bill for this was paid about six months ago when the other internal/communal painting was done.

As a last resort, if as seems to be the case, the Factor cannot force payment for the repairs, I would be glad just to have an improvement from painting and the money for the repairs, not going ahead, to be returned to me. I have been quite upset because, for over 20 years the Factor has been very good having repairs done and billing afterwards. They won't do this anymore and the entrance approaching the flats looks very neglected and uncared for. At least fresh paint would make it look more presentable.

Thanks for reading this.

Crimson 60

Rosemary7391

I see. I don't see a problem with pushing for the painting to be done in that case. It also doesn't sound like it should be too expensive - how much are they asking for? Vs the cost of new doors?



I wonder if the change in attitude of the factor regarding billing afterwards was because too many people took too long/didn't pay afterwards? It does cost them to front the money for repairs if people don't pay in a timely manner, as well as the extra admin chasing people up. Our factor will do very urgent things or small things first and bill us, but things that need agreement to go ahead they get the money paid up front.

[Deleted User]

Thanks, Rosemary7391. I'm not sure how much painting the two doors would cost - only that it was included and paid in full by all six owners included in the main bill for communal redecoration.

The unexpected additional cost to repair (not replace) the two doors and rotten step is just under £170 per flat although four of six owners will not pay. This is why the work cannot go ahead. I'm sure you are right that some may be slow or reluctant to pay the Factor. The Factor has a 'float' of £100 per flat paid at the time of purchase but seemingly that can't be used.

The Factor has been so good for over 20 years but things have changed and six flats were owner/ occupier for many years - now only two of us. The other four are owned by four different people who rent them out individually.

It would be too much for me to pay to have the other four share of repairs done and (I live alone) my next of kin said, even if I could pay all that money, it would be a bad precedent to set for the future.

Thanks so much for being interested. It is very sad to see the doors being allowed to get into such a state of disrepair - they are the very first thing you see when approaching the building.

Crimson 60