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Our downstairs neighbour say that they are not liable for roof and communal building repairs. We think the rules up here in Scotland are slightly different than in the rest of the country.

2007-01-13 10:58:37 · 9 answers · asked by vsrumpel 1 in Business & Finance Renting & Real Estate

9 answers

all occupants are jointly and severally liable for the costs of the repair under Scots law so your downstairs neighbour does not have a leg to stand on.
have a word with them and if you have no luck then depending on the values involved i would consider raising a case at the small claims court.
hope this helps

2007-01-13 11:10:46 · answer #1 · answered by Anonymous · 0 0

As most here have already said, all four houses are equally liable, exactly as if you live in a tenement close. My mother and one sister have lived in a four in a block for a long time and have both had issues regarding this over the years. Usually the neighbour knows the situation, but just doesnt want to pay up for what doesnt directly affect them.

You may also find there are strange rules and "rights of way" for access to different houses in the block, worth looking up out of interest as you dont always own the piece of path that you would think.

2007-01-13 19:50:26 · answer #2 · answered by katy1pm 3 · 0 0

You need to see what it says in your title deeds.

Generally in Scotland everyone in a block of flats is responsible for roof repairs.

2007-01-13 19:02:25 · answer #3 · answered by mcfifi 6 · 0 0

we have the same problem with our down stair neighbour we are in the same type off property we have had 4 leaks in two years
The council have billed him for the cost he is a home owner & does not think he has to pay because he is the lower flat
they are liable because it is in their title deeds when they purchased the property

2007-01-13 19:18:22 · answer #4 · answered by miss smidgey 4 · 0 0

they r responsible for communial repairs but not roof repairs as the person who owns the upstairs flat basicly owns the roof too, i think thats the case anyway best seek advice from a lawyer

2007-01-13 19:15:31 · answer #5 · answered by Anonymous · 0 1

If your downstair neighbour is not an owner then it is their landlord who is liable if they are the owner they are liable

2007-01-15 12:42:36 · answer #6 · answered by Jim 3 · 0 0

not sure about Scottish/english law...but here in dublin, every appartment complex has a maintenance company who get paid an annual fee from residents to carry out any structural repairs. in cases were NO MAINTENANCE COMPANY EXISTS...residents must have a residents committee and contribute annually themselves.

2007-01-13 19:20:48 · answer #7 · answered by Garrett 1 · 0 0

all flats are liable for an equal amount in scotland, so the are talking pants, xxx

2007-01-13 19:07:16 · answer #8 · answered by Anonymous · 0 0

in scottish law if you live in a flat all of the owners in the building are responsible go to your lawyer and get him/her to send a letter

2007-01-13 19:03:45 · answer #9 · answered by jimmythejock 2 · 0 0

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