Sued for Repair Costs

maladict

Check the Written Statement of Service the factor should have given you and your title deeds to make sure the factor complied with the timescale and voting process for seeking consent for works, and with conditions such as providing you with a number of quotes and justifying what the money was being spent on.

Your title deeds will confirm whether you're actually liable but you're almost certainly responsible for a share of common works, although the amount involved as an earlier poster said seems incredibly high. Even if you would have objected to the work, if the majority agreed and the correct procedures for consultation, tendering, etc were followed you will still be liable.

Govan Law Centre have a particular interest in issues around factoring so it might be worth speaking to them even if you're not in Glasgow or their catchment area to see if they can offer any suggestions or point you towards someone in your area who can give you advice.

Factors are a nightmare, especially the housing associations.

AdrianC

succinylcholine wrote: »

I live in a bottom floor flat. My top floor neighbour has a balcony. Apparently the balcony was leaking water into the flat below them. A letter was sent by our property factors asking if we all consent to work going ahead and giving us 2 weeks to object. I was on holiday for 3 weeks and did not see the letter until after this. I am now being sued for £6000 as my share of the costs. I don't think I should have to pay this as the issue wasn't impacting on me and I didn't consent to this.

There is one heck of a lot more detail necessary before any sensible advice can be given.

Let's start with a full timescale, shall we? And a description of the properly.

davidmcn

sgun wrote: »

It doesn't sound like this is a straightforward maintenance repair that would be paid for out of the sinking fund.

It's rare for there to be any significant sinking fund in Scotland.

Gers

Of course it impacts you! Leaking water can cause all kinds of structural problems to a building. The biggest impact would be
all the flats above you crashing down. Dramatic? Yes, though it happens.

https://www.eveningtimes.co.uk/news/17632881.neighbours-at-war-dispute-over-collapse-of-west-end-restaurant-wall-leads-to-fresh-court-fight/

princeofpounds

Can't help specifically as I don't know the rules in Scotland.


But certainly in E&W you are part-responsible for these repairs. The exterior fabric and structure of the building are normally a common responsibility organized through the freehold. Just because it doesn't affect your own flat specifically doesn't matter (and shouldn't matter - these are common areas).


Otherwise you end up with nonsense like bottom floor flats refusing to pay for a leaking roof, and top floor flats refusing to pay for rising damp, despite the fact that both would eventually (in theory anyway) ruin the whole building.


I guess we'll see how this works in Scotland, but I suspect there's quite a high chance you'll need to adjust your mental framework for thinking about what you are responsible for.

sgun

davidmcn wrote: »

It's rare for there to be any significant sinking fund in Scotland.

Yes, exactly. So the correct process should have been followed which the OP has failed to clarify. I have organised two large (15k plus) communal repairs involving 16 flats in a block so know a bit about it but without more information I don't think we can help. maladict has given them a nudge in the right direction to find out if the factor has followed the correct process. I don't think we are getting the full story anyway as it sounds like they disagreed with the repairs but were overruled by majority.

csgohan4

OP what does it say in your lease regarding repairs and maintenance of the whole block?


Are you paying into a sink fund?


Are you aware you are all liable for repairs as a whole?

davidmcn

csgohan4 wrote: »

OP what does it say in your lease regarding repairs and maintenance of the whole block?

It's Scotland - there won't be a "lease". Flats are freehold. What the titles say will be relevant, though if there are any gaps they are filled by statute (the Tenements (Scotland) Act), as explained via the Shelter link above.

Are you paying into a sink fund?

As above, sinking funds don't generally exist in Scottish residential blocks.