Common repairs

Supporting information for Scottish Landlord Registration


A landlord renting out a property in any kind of building containing flats has rights and responsibilities, along with the co-owners, to maintain and manage the building. To find out exactly what applies in the building, the landlord should you read the Title Deeds.

Sometimes your title deeds will have gaps which could lead to some problems when trying to make decisions with other owners in your tenement.

If this is the case you need to refer to the Tenements Act 2004 https://www.legislation.gov.uk/asp/2004/11/contents and you and the other owners can revert to the ‘Tenement Management Scheme’ found at Schedule 1 of the Tenement (Scotland) Act 2004.

This fills in the gaps in title deeds and helps make flat owners’ responsibilities more clear –

The Tenement Management Scheme:

  • explains what counts as maintenance
  • lists the ‘scheme property’ (the parts of the tenement every flat owner should maintain)
  • tells you how to come to agreements about maintenance (known as ‘scheme decisions’)
  • tells you how maintenance costs are shared between owners

Title deeds can be accessed via the Registrars of Scotland website.

Further context

Landlords can often face difficulties in gaining co-operation and/or consent from other owners of property with common areas. Information on how to manage these situation and detailed information on dealing with common repairs can be found of the Under One Roof website.

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