Tenements Scotland Act problem
StuartBisset
Can anyone advise on the following issue please:
The tenement in question has 14 flats. On of the basement flats
decided to renovate their flat from a 1 bed to a 2 bed. It was
planned as a simple job - knock down a couple of partition wall and
build a few new ones. However during the course of the work a crack
was discovered in a load bearing wall. The building inspector
insisted that this wall was fixed properly which added significant
cost to the job. The owners of the flat obviously went ahead and
fixed the wall and completed the 2 bed redevelopment.
It is now many weeks after the completion and the owners of that flat
are trying to retrospectively claim back £9,000 from the owners
association (ie share the bill 14 ways) under the Tenements Scotland
Act. My initial view is that they don't have a leg to stand on as -
(a) They did not get the owners association to vote on or agree to
the cost before they went ahead (and though the repair was required,
it was not an emergency)
(b) We have no proof that the crack was there before their 2 bed
development started (ie it could have been their contractor that
caused it)
(c) We have no proof that £9,000 is the cost that related to fixing
the wall only and does not contain an element of cost that relates to
the 2 bed conversion.
I would be very grateful if anyone can provide sound advice on this
issue as the owners association is, at this stage, trying to figure
out its position on the matter.
Many Thanks
StuartBisset
Charles Ellson
<stuart...@gmail.com> wrote:
>Hi All
>
>Can anyone advise on the following issue please:
>
>The tenement in question has 14 flats. On of the basement flats
>decided to renovate their flat from a 1 bed to a 2 bed. It was
>planned as a simple job - knock down a couple of partition wall and
>build a few new ones. However during the course of the work a crack
>was discovered in a load bearing wall. The building inspector
>insisted that this wall was fixed properly which added significant
>cost to the job. The owners of the flat obviously went ahead and
>fixed the wall and completed the 2 bed redevelopment.
>
>It is now many weeks after the completion and the owners of that flat
>are trying to retrospectively claim back Ł9,000 from the owners
>association (ie share the bill 14 ways) under the Tenements Scotland
>Act. My initial view is that they don't have a leg to stand on as -
> (a) They did not get the owners association to vote on or agree to
>the cost before they went ahead (and though the repair was required,
>it was not an emergency)
> (b) We have no proof that the crack was there before their 2 bed
>development started (ie it could have been their contractor that
>caused it)
> (c) We have no proof that Ł9,000 is the cost that related to fixing
>the wall only and does not contain an element of cost that relates to
>the 2 bed conversion.
>
>I would be very grateful if anyone can provide sound advice on this
>issue as the owners association is, at this stage, trying to figure
>out its position on the matter.
>
This is Usenet so possibly not the best place for "sound advice".
However, on the basis that the best form of defence is sometimes to
attack, I would have started with (b) and required the occupant in the
basement to prove it was mere coincidence that the crack appeared when
he started knocking lumps out the building. There is a plausible and
possibly honest response but I won't be providing him with a clue.
Presumably you have yet to take professional advice as there is no
mention of counter-suing in the event of the basement occupant suing
the others (or getting in a counter-claim).
Have you a copy of the building inspector's report ? Don't rely on
someone else's version of what might (or might not) be in it ?