1. Tenements Scotland Act
• Property Law.

2. Definition s 23

3. Boundaries
 The Act applies in the same way as the common law it replaces, that
is only where there is nothing in the title to the tenement which
provides otherwise. (s 1).

4. Pertinents
A pertinent is an area of property that is not “officially,” owned by
any one person residing in the tenement. Hallways, stairs, the
front entrance of a property is considered as being common
property.

5. Common Interest s 7 ;abolishes the
common law rules
of common interest
in relation to
tenements.
Necessary repairs may be
carried out by anyone
proprietor & costs can be
reclaimed via personal
rights. Bells Principles.Kennedy v Glenbelle:
Removal of structural wall
held to be in breach of the
duty to provide support and
shelter. Nuisance was
claimed and damages had
to be paid.
Thomson v Co-Op:
Structural beam supporting
Thomsons flat, damaged.
Co-Op unaware of this.
However they still owed a
duty of care to provide
support and shelter to
Thomson, they were
negligent in ensuring this.

6. Necessary repairs
s 13 abolishes the common law right to recover costs
where necessary repairs have been carried out to
common property, but this must be seen in the
context of the tenement management scheme which
applies to the property.
Scheme property, (That which is
owned in pertinent) How scheme
decisions are to be made, rights of
co-owners. Definitive rule.
Scheme decision making,
allocation of votes, majority
voting scheme, scheme
meetings (48 hours) validity
of votes & co-owner voting.
Decisions can be made on
repairs, inspections,
allocating a scheme
manager, authorise
maintanence payments,
arrange for common
insurance policies, to
modify any previous
decision.
What scheme costs are in regards
of maintanence etc, allocation and
amount due from each person,
redistribution of share in costs,
distribution of costs, what counts as
a scheme cost.
gives any owner to instruct or carry out
emergency work, Deans v Wolfson: has to
actually constitute as an emergency. Rule 7
covers the enforcement of
Scheme decisions.
Rule 8; enforcement of scheme decisions,
Rule 9; notification has to be given to the “scheme,”
In regards of leaving or if owner cannot be identified.

7. The Tenement Management
Scheme
 s 4 and Sch 1 introduce the ‘tenement management
scheme’, which replaces the common law rules
relating to the repair and maintenance of tenement
buildings.
 s 4 sets out that the Tenement Management Scheme
will apply to all tenements, where there is no
tenement burden in place which makes similar
provision.
 Rule 1 details the ‘scheme property’.
 Rule 2 sets out the procedure for scheme decisions.
 By Rule 2.5 the scheme decision is made by
majority.
 Rule 3 sets out the issues which may be the subject
of scheme decisions.

8. Tenement Management
Scheme
 Rule 4 covers the allocation of liability for scheme
costs.
 Rule 6 gives any owner to instruct or carry out
emergency work, which is defined by Rule 6.3.
 Rule 7 gives any owner to instruct or carry out
emergency work