Joint owners

What to do when a flat is owned by a couple or a partnership

As always, check your Title Deeds on this matter. If there is nothing there then the rules of the Tenements (Scotland) Act 2004 apply.  These say that if a flat is owned by more than one person then:

  • you only need consult with one of them
  • there is 1 vote for the flat – if joint owners disagree, then they must take a majority view between them
  • you can make any one of the joint owners responsible for repairs – they must then recover other owners’ share of costs

Legal reference

Joint owners
Tenements (Scotland) Act 2004 S28 (7) and
Tenement Management Scheme Rule 1.6, 2.4, 2.8