Hi.Ihave a letting property in scotland, its is one of two,the second is owned by another landlord. Ihad to get the other l/lord to get rid of his tennant due to anti social behavior (drugs). Both properties share internal and external communial areas. Both of these areas were in a terrible state and my agent told me i would not get a new tennant till these areas were improved.I informed the other l/lord and sent photos of the areas,i informed him that i would get up to Scotland early April and start the works.he verbaly told me he would contribute to the costs. Now the works have been completed he wont pay his share. Reciepts,schedule of works,photos and invoice have been sent to him.Can you tell me what the legal position regarding maintaining maintance of jointly owned areas and what would you reccomend. no maintance aggrement existed or exists.Thanks
Province/Country relating to question : Scotland
sent invoice,reciepts schedule of works carried out and photos of before and after
Hello,I will do my best to help you with this.Can you tell me what were the terms of the verbal agreement you reached with the other Landlord? How firm was his commitment to contribute to costs and what else did you discuss regarding the work? Also, how much are we talking about?John
Hi. when i spoke to this guy over the phone after he removed his tennant he was none to happy as i had to put a lot of preasure on him to get rid of this tennant. A mass of rubbish had been left in the external communial area,i lost my tennant because of his tennants behaviour.After a lot of calls to him i had no choice but to get the councils anti social behaviour dept involved. As this property had a reputation for drugs it was from my point of view a must that we get tennants of a better standing and i explained to this guy that we needed to improve the apperance to the mentioned areas,he agreed,he said he has a Polish guy that does some work for him and he would see if he could get him up to the property the same time as i was up there. Itold him what i inted to do to the property and he was all for it,ie clean internal area and decorate,jet wash external area,repair electrics in internal area. As to his commitment to pay, i took his word when he said he would contribute. the reason i did the work myself was to save us both money. his share of the costs is £692.94 which is 50% of the lotal spend and is for materials and labour. Thanks
GeorgeIt does sound to me as if you had reached a legally binding agreement with the other Landlord. He has benefited from the work you did and now breached the agreement by refusing to pay his share. If you wanted to take this further, you could do so via your local Sheriff Court. Before you do so, it is worth writing a formal letter to the other Landlord, putting him on notice that you intend to bring a claim against him in the Sheriff Court unless he pays the monies due to you within the next 14 days. Please rate me OK SERVICE so that I am credited for helping you and I will gladly answer your follow up questions. Best wishesJohn
Solicitor and Advocate
Hi. If after sending a letter as you suggest i get a negative responce would this problem be best suited to a English or Ssottish court.Both parties reside in England. Thanks
GeorgeI was not aware of that. Given the location of the parties, I would suggest that you should issue the proceedings in England. Best wishesJohn
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