Tenements

Question 1

Garvie v Wallace

Answer 1

1. The owners did not use a TMS
2. Their scheme was stricter
3. You could only make a scheme decision if you had a meeting with all the owners present
4. The court held that a decision made without all owners present in the meeting was not valid under this scheme
5. It would have been valid if the normal TMS had applied

Question 2

PS Properties (2) Ltd v Callaway Homes Ltd

Answer 2

1. There was a building with eight flats
2. Over time, one owner had bought three flats
3. The question for the court was whether there were still eight flats, in which case the majority vote would be five, or whether those three flats had been combined into one, leaving six flats
4. The court held that you always decide on the current state of affairs
5. There were currently only six flats, so the majority was three

Question 3

DH v SI [2021]

Answer 3

1. Each floor had two different flat owners
2. The tenement required roof repairs
3. They decided that each of them would be exempted in such a way that the costs would only fall on the top two flats
4. This was done by separate scheme decisions
5. This was unsuccessful

Question 4

Donaldson v Pleace

Answer 4

1. There was a café on the ground floor
2. Each floor had one flat
3. There was a leaky roof
4. The roof was owned in common by the top three flats
5. The first floor flat owner went ahead and instructed repairs, having consulted the other flats (but without a scheme decision)
6. They only realised later that the café would also be liable for the costs
7. The costs had been done to comply with section 8
8. The court confirmed that although no scheme decision had been taken, because they had been entitled to do so under section 8, the café had to pay as if a scheme decision had been taken

Question 5

Thomson v St Cuthbert’s Cooperative Association Ltd

Answer 5

1. Held that damages are only available when fault or culpa

Question 6

Kennedy v Glenbelle Ltd

Answer 6

1. Damages would only be payable on the part of the party who was at fault
2. There is no strict liability
3. Damages are only available when there is fault