Some property managers and factors who are responsible for blocks of flats have queried whether they can check or upgrade the communal TV aerial system, where the title deeds are silent or unclear about whose responsibility this is. The Tenement Management Scheme is a fall-back model if the title deeds do not lay down procedures for the management and maintenance of the common parts of a tenement. However, the Scheme rules do not say anything expressly about the replacement or upgrading of communal TV aerials, so whether the works can be undertaken will depend ultimately on the interpretation of the specific provisions of the title deeds of the tenement in question.
The Tenement Management Scheme was introduced by the Tenements (Scotland) Act 2004. The Scheme provides a system of management and maintenance of “scheme property”, for flat owners (including social landlords) in tenements in Scotland. The Scheme only applies where the title deeds do not make other arrangements, and allows for decision-making, based on a simple majority of owners.
Decisions on changes to TV aerials in tenements for the digital switchover may come under the Tenement Management Scheme arrangements so long as:
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