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Conveyancing Q & A August 2006

This article appeared in the Mearns Press in August 2006.

This month, Maureen McCarthy, the newest recruit within Bird Semple, answers readers questions regarding property!

Question:

I have recently moved into an apartment within a modern building which shares a common entrance and stairwell. Who is responsible for the maintenance of these areas?

Answer:

The particular provisions regarding the maintenance of the common areas of the building will be defined in the title deeds for your property, which your Solicitor should have drawn to your attention when the property was being purchased.

Without seeing your title deeds it is impossible to give a definitive answer however in most modern developments there is a Deed of Conditions which imposes detailed rights and obligations on all owners in order to protect the amenity of the development. The Deed of Conditions will clearly identify the commonly owned parts of the building and outline your liability together with the liability of each of the owners with regard to the expense of maintaining, repairing and renewing these common parts. Typically within the Deed of Conditions there will also be provision for the appointment of a Factor who will arrange for any maintenance, cleaning, repairs, renewals, or redecoration on behalf of the owners with the factor then recovering the cost of these common charges together with any other expenses and their own fees, from the owners at monthly, quarterly, or even annual intervals It is also common for the Deed of Conditions to contain a provision for a common buildings insurance policy which will provide ‘seamless’ insurance for the building as a whole, with the premiums being apportioned and collected in the same way as the common charges.

Question:

I own a 4 bedroom property which I let out to 4 students and I’ve heard that there’s new legislation relating to Landlords. How does this affect me?

Answer:

The new Legislation that you refer to is The Antisocial Behaviour (Scotland) Act 2004 . The aim of the legislation is to ensure that all private landlords in Scotland are ‘fit and proper’ people to be letting residential property. As of 1st May this year, all owners of let residential property in Scotland have a duty to register with the local authority in the area in which the property is let.

The duty to register is on you as owner of the property and it is a criminal offence to own residential property which is let out if you have not submitted a valid application to the relevant council. In assessing whether you are a fit and proper person the local authority will take into account whether you have ever breached the criminal law, exhibited any racist or sexist behaviour or contravened any provision of the law relating to housing, or landlord and tenant law.

Alongside registration, the legislation shifts the onus of responsibility for unruly tenants onto your shoulders as landlord. If you fail to deal effectively with antisocial tenants, the local authority can order that rent is withheld or impose a fine of up to £5000. It is therefore important to deal with any complaints quickly and effectively and ultimately take all reasonable steps to vet you tenants carefully.

You also mention that your property is let to 4 students which may mean that your property is classed as a House in Multiple Occupation (HMO). It is a requirement that all HMO’s are licensed by the local authority and if you do not already have a license, you should contact the relevant local authority as soon as possible for advice.

Article Compiled by Maureen McCarthy

Posted by Sharon Clift on Aug 17, 2006