Do I HAVE to join the factor (main door flat vs close next door) - Scottish Factor Fees

SaraFitz

Hello,

I own a main door flat which also has access to the back garden and bins through a second side door which goes through the close of the flats next door. They are now interested in setting up a factor (after a couple decades of being self-factored) and I’m unsure of where I legally stand in my need to be involved in this?

When I bought the flat there was no reference to factoring or contributions being made to the six flats in number 5 (I own number 4) in the Home Report. However, over the past year I have contributed to some lighting and guttering costs that came through my door. It was unexpected to receive these (especially as a nosy/rude neighbour on my first day made it clear to me I wasn’t involved in their close), but I paid them anything out of politeness/reluctance to probe since I do use the close ~twice a week to take the bins out.

Now that they are considering a factor, I’m trying to understand if I’m legally tied to the close for all contributions. I’ve read through my land register document and whilst I don’t quite know exactly or explicitly what to look for, it does make reference to common grounds, roof, common stairwell etc in it (though I don’t contextually understand it) so I think this indicates I am liable for all these with them?

I’m not overly adverse to contributing to a factor but my only concern is that I think my use of the close is very skewed compared to theirs. As I say, I use it ~2 times a week for the bins vs those who go in and out every day since they live there, have keys for the front door, use it for the bins and have a bunch a stuff stored/decorations out on the stairs and access to a storage cupboard.

Does anyone know if I NEED to join the factor (the woman organising it says majority wins and then everyone’s involved)? And if I am, if there is flexibility I can discuss with them considering my use vs there’s for things like stairs cleaning, window maintenance etc. I understand the importance of me contributing to roofing and guttering since it impacts my house value etc.

Sorry for the long post & thanks in advance!

davidmcn

The answers should all be in your titles - generally the majority rule on whether to appoint a factor (and who to appoint). Didn't you get a title report from your solicitor? Main door flats sometimes are excepted from stairs but usually everybody in the tenement pays an equal share for all the common parts.

Some more guidance here:

http://www.underoneroof.scot/articles/987/Owners___Obligations

SaraFitz

Hi David - thank you SO much for the link to Under One Roof. It's answering all my questions and helping me understand how to read my titles. Thanks so much!!