Trouble with shops paying for communal repairs
Nicky posted on the 5/02/2015 2:32:07 PM
I live in a tenement with shops downstairs, we have rising damp in the close and need roof repairs, the shops downstairs are refusing to pay their share meaning work can't go ahead, does anyone have any experience with this? Our factor is suggesting we change title deeds so the shops pay a lower share, but I am reluctant to do this given the shops draw an income and there is no guarantee they will pay anyway. Any advice most welcome, this has been going on for two years!
- 7 Replies :
#7 - Anon replied on the 21/02/2015 9:08:29 PM
Did you know that shops pay 85% of repairs to a building regardless of their size - this may be why small businesses are struggling to pay. We had the same problem and then it became reversed as when we tried to change the title deeds none of the flat owners wanted to pay more.
Have you spoken to the shops to ask why they don't want to pay? It could be that they are struggling to meet their costs already.
And while shops to make an income as most rent their property does not gain in value as flats do.
Not an easy one to sort but hope it gets sorted soon
#6 - Anon replied on the 19/02/2015 8:52:31 AM
DO NOT change the title deeds. The owner of the shop or the space that it is leased from HAS to pay. Take it to the council and environmental health as constant damp can lead to mould and spores. // The council need to force them to pay and can do that with interest on top. If the shop can't afford it then they should relocate. I have been through this. 7 years it took me and only now are council helping. If it's a communal building they all need to pay. also I found that telling them that you will speak to inland revenue about their company and wether or not they can afford it helped. No business likes the tax man poking his nose about.
#5 - Fiona replied on the 17/02/2015 7:31:00 PM
We are in this situation, Nicky. In fact reading your post made me wonder if you are in my building somewhere! Our factor hasn't quite suggested changing the title deeds yet, but has asked flat owners to make a 'one-off' larger payment to help the shops out even though we are not legally required to do this. (which I personally have agreed to, as have some others in my close, but I am not sure about everyone.) The Council have been involved but apparently will not place a section whatever it is on the shops, because they can not be sure they will ever get their money back. I think they can put an order on shops to recover the money when the shops are sold, but if that never happens or is many decades off, then that doesn't really help them, so they're not going to do it, basically. So we seem to be at a complete impasse and meanwhile the building is deteriorating around us. Our factor has been ridiculously poor in the whole process as well //
#4 - anon replied on the 7/02/2015 1:14:46 AM
yes, the council can take a notice over them, and pay their share in the meantime, especially if repairs are necessary. That said, We did all this and its now been 6 months and our factor still hasn't got a builder to turn up...
#3 - resident replied on the 5/02/2015 11:48:35 PM
Good advice so far. Additionally, this Scottish Government guidance looks a good starting point for info on the legalitites and obligations surrounding the management and maintenance of common property:
www.scotland.gov.uk/Publications/2005/11/2194749/47514
Shelter Scotland is a great resource, too:
scotland.shelter.org.uk/get_advice
Good luck!
#2 - anon replied on the 5/02/2015 6:07:11 PM
Go to a solicitor/Citizens advice in Parkhead and seek legal advice.
Another way of doing it is to pay the full cost and instruct solicitors to recover costs-but seek advice on that one as there may be no guarantee of a recovery. If you have building or content insurance check to see if you have legal protection because you might get assistance from that was as well.
#1 - Girl Monday replied on the 5/02/2015 6:06:07 PM
Contact Glasgow City Council Housing Department. The Council have a right to force the shops to pay, and can bill them if they refuse.
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