The Tenements (Scotland) Act 2004 was introduced to set out the rights and obligations of all individuals living in flats and tenements in Scotland. The new legislation was introduced to replace the old-fashioned common law of the tenement. Under the old-fashioned system, the conditions of maintenance of tenements were usually set out in the title deeds of the property. If this was not the case then the Common Law of tenements applied, meaning an agreement would be required for any repair or maintenance work on share parts of the property.
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