Just wondering if anyone can offer some advice on an issue we have with our house and repairs. We currently live in an old (circa 1900) 4 in a block property. External maintenance and repair costs (roof, external walls etc) are split four ways between each property - we have usually instigated any repairs needed and all owners have contributed as required.
The owner of the house below us has requested that all owners contribute to work required to reharl/render one of the external walls and replace a leaking downpipe. The owner has advised us that this has caused significant damp in his kitchen. We have agreed to jointly contribute to this cost as we recognise the work needs to be done. However, the owner has also requested that we contribute to the cost of inserting a damp proofing course in the wall and the cost of taking out and re-fitting his kitchen. We see this as an internal, rather than external issue. Internal work like this as in the past been paid for solely by each house. However, he argues that as it has probably been caused by an external problem we should contribute to the cost of the repair.
Ourselves and the two other owners initially refused to cover the cost of the internal work but agreed to pay for the external work. The owner of the house in question has since reposnded by stating that he is proceeding with the work and will take us to court to try and recover the costs of the internal work. The internal work split four ways will cost each house £400 on top of the cost of the external work.
We have a brief copy of our title deeds which do not advise what the position is regarding internal replairs. As far as I can make out this means that the Tenements Scotland Act 2004 comes into play which is used to organise joint replairs.
Just wondering if anyone has had a similar experience to that described? How was it resolved? Was the Tenements act used? I'm concerned that if we are taken to court - small claims court I'd have thought - and lost, would we have to pay his legal costs?
The cost of legal advice would probably be greater than the cost of the interal repairs, hence my appeal to the collective wisdom of STW. I'll contact Citizens Advice tomorrow to see what they advise too. Ta.
