Parliament Workbench
Data: Motions & questions to 19 Nov 2026

Written Question · S4W-09627 · Session 4

What legal responsibility social landlords have to consult the owners of properties within the stock owned by the landlord regarding potent…

Answered Asked by Jamie Hepburn SNP Lodged 13 Sep 2012

The question

To ask the Scottish Government what legal responsibility social landlords have to consult the owners of properties within the stock owned by the landlord regarding potential changes to the properties.

The answer

Answered by Margaret Burgess on 12 Oct 2012 · 29 days after it was lodged, 10 days after it was due

There may be provisions in title deeds on how decisions should be taken on repairs and maintenance of common space. If there is nothing in title deeds, or they are uncertain, the Tenement Management Scheme in the Tenements (Scotland) Act 2003 may be relevant. Under the Tenement Management Scheme, decisions on repairs and maintenance to common areas may be taken by a majority of the owners of the flats in a tenement. More information on managing common repairs is contained in Consumer Focus Scotland's guide "Common Repair, Common Sense" which can be found at http://www.consumerfocus.org.uk/scotland/news/consumer-guide-to-managing-common-repairs. Improvements to common areas of tenements generally require unanimous agreement of the owners of the flats, unless the improvements are reasonably incidental to the maintenance or there is provision in the title deeds on taking decisions in relation to improvements.
Social landlords acting as property factors need to comply with the provisions of the Property Factors (Scotland) Act 2011. More information on the 2011 act is at http://www.scotland.gov.uk/Topics/Built-Environment/Housing/privateowners/propertyfactors/2011Act. The Code of Conduct for Property Factors, which forms one of the main elements of the act, sets out certain requirements relating to how property factors should communicate and consult with homeowners.

In the Official Report

No contribution in the Official Report cites S4W-09627 by reference.