CHARLOTTE WAELDE v FELIX ULLOA [2016] ScotSC 30 (14 April 2016)

CHARLOTTE WAELDE v FELIX ULLOA [2016] ScotSC 30 (14 April 2016)

Repairs to the skylight, by operation of accession, rendered it common property and thus scheme property under Rule 1.2(a) of the Tenement Management Scheme. The defender is liable for a 1/3 share of the cost of maintaining the skylight. Repairs to the Velux were to the roof, but apportionment failed due to lack of evidence on rateable values, so no award was made for that portion.

Citation
[2016] ScotSC 30
Parties
Pursuer: Charlotte Waelde; Defender: Felix Ulloa
Jurisdiction
Scotland
Judgment Date
14 April 2016
Procedural Posture
Civil / Judgment
Outcome
partially upheld
Legal Topics
Maintenance Burden, Common Property, Accession, Scheme Property, Apportionment of Repair Costs
Property Law Tenement Law Maintenance Burden Common Property Accession Scheme Property Apportionment of Repair Costs

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 3 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Charlotte Waelde

Pursuer

Felix Ulloa

Defender

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether repairs to skylight and Velux window are recoverable from co-proprietors under title burden or Tenements (Scotland) Act 2004
  2. 2 Whether skylight repairs constitute repairs to the roof
  3. 3 Whether accession renders skylight common property

Ratio Decidendi

Repairs to the skylight, by operation of accession, rendered it common property and thus scheme property under Rule 1.2(a) of the Tenement Management Scheme. The defender is liable for a 1/3 share of the cost of maintaining the skylight. Repairs to the Velux were to the roof, but apportionment failed due to lack of evidence on rateable values, so no award was made for that portion.

Court Disposition

partially upheld

Orders

  • Decree against the defender for payment to the pursuer of £100.00
  • No expenses due to or by either party