• Scotland: factor responsibilities

    From Owain Lastname@21:1/5 to All on Wed Oct 25 10:44:18 2023
    In Scotland.
    Factor has failed to manage and maintain block of flats. Roofing felt on flat roof was end of life 10 years ago; no proposals in that 10 years for replacement or setting up a sinking fund.
    Roof leaks have gone unrepaired for months.

    The roof is RAAC (Aerated Concrete) which suffers weakness when exposed to water.

    The building now has a Dangerous Building and a Removal notice on it prohibiting entry, and is uninhabitable. It has not been possible for some owners or tenants to remove all their possessions before leaving, so they remain in the building.

    To what extent is the factor liable to the owners for costs of temporary accommodation and other expenses incurred?

    Complicating issue:

    The factor is also the majority owner of flats in the building and is the local council. They've wanted to pull down the block for years and suggestion is they've deliberately run down maintenance.

    Breach of Property Factor Codes?

    They've said they won't be putting up any money for repair and will use their majority to force any action in the event of a vote. The building will almost certainly be demolished (unless they just leave it to rot).

    The factor are treating residents/owners as statutorily homeless and (trying to) charge for homeless (bedsit) accommodation unless they can claim Housing Benefit.

    Home insurance not covering it. Total loss of flat (apart from site value, negligible) and most possessions.

    Any considerations before either (lawyering up - is that worthwhile) or crying and walking away with nothing?

    Owain

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