Tenements Scotland Act

• Property Law.

Definition s 23

Boundaries The Act applies in the same way as the common law it replaces, that

is only where there is nothing in the title to the tenement which provides otherwise. (s 1).

PertinentsA pertinent is an area of property that is not “officially,” owned by any one person residing in the tenement. Hallways, stairs, the front entrance of a property is considered as being common property.

Common Interest s 7 ;abolishes the common law rules of common interest in relation to tenements.

Necessary repairs may be carried out by anyone proprietor & costs can be reclaimed via personal

rights. Bells Principles.Kennedy v Glenbelle:Removal of structural wall held to be in breach of the duty to provide support and shelter. Nuisance was claimed and damages had to be paid.

Thomson v Co-Op:Structural beam supporting Thomsons flat, damaged. Co-Op unaware of this. However they still owed a duty of care to provide support and shelter to Thomson, they were negligent in ensuring this.

Necessary repairss 13 abolishes the common law right to recover costs where necessary repairs have been carried out to common property, but this must be seen in the context of the tenement management scheme which applies to the property.

Scheme property, (That which is owned in pertinent) How scheme decisions are to be made, rights of

co-owners. Definitive rule.

Scheme decision making, allocation of votes, majority voting scheme, scheme meetings (48 hours) validity of votes & co-owner voting.

Decisions can be made on repairs, inspections, allocating a scheme manager, authorise maintanence payments, arrange for common insurance policies, to modify any previous decision.

What scheme costs are in regards of maintanence etc, allocation and amount due from each person, redistribution of share in costs, distribution of costs, what counts as a scheme cost.

gives any owner to instruct or carry out emergency work, Deans v Wolfson: has to actually constitute as an emergency. Rule 7 covers the enforcement ofScheme decisions.

Rule 8; enforcement of scheme decisions,Rule 9; notification has to be given to the “scheme,”

In regards of leaving or if owner cannot be identified.

The Tenement Management Scheme s 4 and Sch 1 introduce the ‘tenement

management scheme’, which replaces the common law rules relating to the repair and maintenance of tenement buildings.

s 4 sets out that the Tenement Management Scheme will apply to all tenements, where there is no tenement burden in place which makes similar provision.

Rule 1 details the ‘scheme property’. Rule 2 sets out the procedure for scheme

decisions. By Rule 2.5 the scheme decision is made by

majority. Rule 3 sets out the issues which may be the

subject of scheme decisions.

Tenement Management Scheme Rule 4 covers the allocation of liability for

scheme costs.

Rule 6 gives any owner to instruct or carry out emergency work, which is defined by Rule 6.3.

Rule 7 gives any owner to instruct or carry out emergency work