Tenement Common Parts Repairs: Scotland Landlord Responsibilities

If you let a flat in a Scottish tenement, the repairing standard doesn't stop at your front door. Since 1 March 2024, Section 13(1)(i) explicitly requires that common parts pertaining to the house are safely accessible, and Section 13(1)(k) requires secure common entrance doors with keyless internal egress. Common stairwells, shared roofs, close doors, courtyards, and communal drainage are all within scope.

The difficulty isn't understanding the requirement — it's dealing with co-owners who won't engage.

What the Repairing Standard Covers

Under Section 15 of the Housing (Scotland) Act 2006, your repairing duty extends to common parts of the tenement where you're responsible for maintenance, either solely or jointly under your title deeds or the Tenement Management Scheme.

In practice, this means:

• Shared stairwells and closes — lighting, flooring, handrails, and decoration in shared areas must be safe and accessible
• Common entrance doors — must lock securely from outside and open from inside without a key or code (the March 2024 keyless egress requirement)
• Shared roof — leaks affecting your flat are your problem even if the roof is a shared responsibility
• External paths and courtyards — communal garden paths, bin storage areas, and parking courts
• Communal drainage and guttering — shared downpipes, drains, and sewage systems

The Co-Owner Problem

Most tenement repairs require the agreement (and financial contribution) of multiple flat owners. The Tenement Management Scheme, established by the Tenements (Scotland) Act 2004, provides a default framework: maintenance decisions affecting common parts are made by majority vote among the owners. Under its default cost rules, common ownership costs follow ownership shares; costs for other scheme property are split by floor area if the largest flat is more than 1.5 times the area of the smallest, and equally otherwise. Title deeds can set different arrangements.

But getting that majority vote is where things break down. One or more co-owners may:

• Refuse to reply to correspondence
• Agree to the work but refuse to pay their share
• Dispute whether the repair is necessary
• Be absent (overseas owners, deceased estates, abandoned properties)

The Section 16 Defence

Under Section 16 of the 2006 Act (as amended in March 2024), you are excused from a repairing standard breach if the required work on common parts cannot be done because a co-owner refuses consent or votes against a majority decision — provided you can demonstrate that you took all reasonable steps to obtain consent or enforce common maintenance obligations.

"All reasonable steps" is the key phrase. You need documented evidence:

• Written requests to co-owners (dated, with proof of delivery)
• Follow-up correspondence after non-response
• Records of any owners' meetings or votes
• Evidence that you explored the Tenement Management Scheme decision-making process
• Records of any council involvement

Without this paper trail, the Section 16 defence falls apart. The tribunal will want to see what you actually did, not just that you tried once.

Local Authority Help with Missing Shares

When a co-owner refuses to pay their share of an approved common repair, the local authority may choose to pay that share under Section 4A of the Tenements (Scotland) Act 2004. Under Section 172 of the Housing (Scotland) Act 2006, it can recover the sum it paid through a repayment charge secured against the owner's property.

This is a discretionary council power, not a landlord right. Contact the local authority with evidence that the repair was properly authorised under the Tenement Management Scheme and that an owner has not paid. The council decides whether to use the power.

Council practice varies. Ask Glasgow, Edinburgh, or your local authority whether it currently uses this power for urgent common repairs.

Common Entrance Doors

The March 2024 addition under Section 13(1)(k) deserves specific attention. The common entrance door — the main close door — must:

• Lock securely from outside (preventing unauthorised access to the building)
• Open from inside without a key, code, or token (keyless egress for fire escape)

Many older tenements have close doors with traditional yale or mortice locks that require a key from both sides. These fail the keyless egress requirement. The fix is usually a thumb-turn lock on the interior side or an electronic access system with a push-to-exit button.

Since the close door serves all flats, replacement or modification is a common repair. You must take all reasonable steps to have it repaired; Section 16 may provide a defence if a co-owner prevents the work despite those steps.

Practical Steps

Document everything — every letter, email, and attempted contact with co-owners. Date-stamp records of owners' meetings. Keep copies of title deeds showing maintenance responsibilities.

Use the Tenement Management Scheme — if your title deeds don't specify a maintenance arrangement, the TMS applies by default. Understand the voting thresholds and cost-sharing rules.

Engage the council early — don't wait until the close door is hanging off its hinges. Contact the local authority's environmental health or housing team to discuss Section 4A and Section 172 options before a repair becomes urgent.

Check Under One Roof — the Scottish Government-supported resource specifically for tenement maintenance. It provides guidance on decision-making, cost-sharing, and council intervention options.

For communication log templates, the co-owner correspondence protocol, and how common parts fit into the wider repairing standard compliance framework, see the Scotland Repairing Standard guide.

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