Current status: Answered by Paul McLennan on 20 September 2024
To ask the Scottish Government whether it plans to set out its communication and consultation standards for schemes such as the Mixed Tenure Improvement Service by the City of Edinburgh Council, in light of the reported concerns raised by owner-occupiers, private tenants and landlords and social tenants.
The Tenements (Scotland) Act 2004 provides that repairs and maintenance work will be carried out according to the provisions in the relevant title deeds of the properties.
Where homeowners have workable provisions in their title deeds to carry out maintenance and repair then these should be followed. Where title deeds do not specify how decisions should be made, or if different owners' title deeds say conflicting things and are therefore unworkable, the Tenement Management Scheme (TMS) in Schedule 1 Rule 2 of the 2004 Act sets out procedures for flat owners to follow when making scheme decisions about maintaining and repairing common parts of a shared building.
Rules 7 and 8 already set out the requirements for consultation, and rule 9 sets out the procedure for giving notice in connection with the TMS.
More detail is here: Tenements (Scotland) Act 2004 (legislation.gov.uk)