MRS JACQUELINE TAMAR GARVIE v. MRS SYLVIA WALLACE + DAVID CROSSAN [2013] ScotSC 76 (08 October 2013)

MRS JACQUELINE TAMAR GARVIE v. MRS SYLVIA WALLACE + DAVID CROSSAN [2013] ScotSC 76 (08 October 2013)

The defenders are liable for their apportioned shares of the costs of necessary repairs to the common property, including scaffolding, as the works were required, properly authorised by majority, and the pursuer is entitled to recover the sums due under the Deed of Conditions and the Tenements (Scotland) Act 2004. Procedural irregularities do not defeat liability where the works were necessary and agreed, and the pursuer is entitled to enforce the obligations on behalf of the co-proprietors.

Citation
[2013] ScotSC 76
Parties
Pursuer: Mrs Jacqueline Tamar Garvie; First Defender: Mrs Sylvia Wallace; Second Defender: David Crossan
Jurisdiction
Scotland
Judgment Date
08 October 2013
Procedural Posture
Civil (scottish Sheriff Court) / Judgment After Proof (trial)
Outcome
Decree granted for payment by defenders to pursuer of apportioned shares of repair and scaffolding costs, with interest; defenders absolved from liability for repairs fund contributions; expenses reserved.
Legal Topics
Common Property Repairs, Enforcement of Title Conditions, Tenement Management Scheme, Liability for Common Charges, Procedural Regularity in Decision Making
Property Law Tenement Law Contract Law Common Property Repairs Enforcement of Title Conditions Tenement Management Scheme Liability for Common Charges Procedural Regularity in Decision Making

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Parties

Mrs Jacqueline Tamar Garvie

Pursuer

Mrs Sylvia Wallace

First Defender

David Crossan

Second Defender

Procedural Posture

Civil (scottish Sheriff Court) / Judgment After Proof (trial)

Legal Issues

  1. 1 Are the defenders liable to contribute to the costs of repairs to common property under the Deed of Conditions and/or the Tenements (Scotland) Act 2004?
  2. 2 Were the repairs and associated costs properly authorised and necessary?
  3. 3 Is the pursuer entitled to recover the sums on behalf of other proprietors?

Ratio Decidendi

The defenders are liable for their apportioned shares of the costs of necessary repairs to the common property, including scaffolding, as the works were required, properly authorised by majority, and the pursuer is entitled to recover the sums due under the Deed of Conditions and the Tenements (Scotland) Act 2004. Procedural irregularities do not defeat liability where the works were necessary and agreed, and the pursuer is entitled to enforce the obligations on behalf of the co-proprietors.

Court Disposition

Decree granted for payment by defenders to pursuer of apportioned shares of repair and scaffolding costs, with interest; defenders absolved from liability for repairs fund contributions; expenses reserved.

Orders

  • First defender to pay £6483.97 with interest at 8% per annum from date of citation until payment (A125/10)
  • Second defender to pay £6858.46 with interest at 8% per annum from date of citation until payment (A126/10)