Sunday, 27 November 2011

Building Survey - Invoice

Hello all,
I've now received a letter  with the invoice from DM Hall, which as anticipated is for £600 (£500+20% VAT).

I will pay this just now, and trust that with the support so far expressed by the majority of you, I shall be out of pocket neither by too much, nor for too long.

The share per property (14 of us) would be £42.86 (although please do feel free to round that up to a slightly neater number!).

I am happy to take cash, cheque or the most preferable for me would be a direct bank payment. (If you contact me directly I can give you an account number and sort code).

Many Thanks,

Catriona (3F2)

Monday, 21 November 2011

Building Survey Report

Hello all, I've now received the report from Greig Adams of DM Hall following his 3 hour inspection on 3rd November 2011, and have his permission to share it with you on this blog, so you can read it here. It does take a bit of reading, and of course there have to be caveats as there is clearly a limit as to what can be seen from hanging out a window or prodding the roof....! What this does give us, though, is a much better insight as to:
  • what may have been causing the water ingress problems over the years;
  • what needs to be dealt with imminently;
  • and what we need to be aware of/budget for within the next 5 - 10 years.
My interpretation of the report and recommendations is that the greatest prioity is the re-rendering of the chimney stacks (mutual ones to Montgomery Street, especially) as these are in very poor condition. Despite the challenge of dealing with all of their owners as well as ourselves, we will have to address this in the short to medium term. Although this is not really new to us, the extent of deterioration to the stone is probably a bit worse than I think we'd been aware of, and so we must be prepared for what may be uncovered when the preparation work for the re-rendering actually takes place. I was certainly rather alarmed to witness just how easily a substantial chunk of stone came away with barely a touch from my kitchen window area which I'd always thought looked just fine! I do now have a greater appreciation for why it is so hard to assess the condition until you get up close. Anyway, please read the report and let me have your comments or thoughts. This is going to need more careful consideration as to how we move forward from here, and I suspect we may need to aim to hold a meeting and/then engage professional services to help us. I'll see if we can get a date in within the next few weeks to maintain momentum. ****************** For clarity, it is my understanding that Greig's references to the chimney stacks correlate to our labels like this: West Mutual Chimneys (i.e. the ones we share with our Montgomery Street neighbours)
  • South West Mutual = the one we have labelled G,
  • North West Mutual = the one we have labelled H,

Chimney Stacks to Montgomery Street = the ones labelled E&F, Chimney Stacks to Brunswick Street = the ones labelled C&D, North Mutual Chimneys (i.e. the ones we share with our Brunswick Street neighbours)

  • North West = the one labelled A,
  • North East = the one labelled B.

I hope that helps it all make sense. I look forward to hearing from you.

Thanks,

Catriona (3F2)

Thursday, 3 November 2011

Building Survey Carried Out

This is to thank all those of you who expressed support for getting a full building survey done.

So far as is possible at this stage, (i.e. without erecting scaffold and literally going over the building brick by brick), a survey of the building and roof was carried out this morning (Thursday 3 November 2011) by DM Hall.  This will always be a best judgement, but it should give us a clearer idea of what work is required urgently and what might be appropriately planned/budgeted for in the future.

As soon as we receive the final report, which will probably be in a week or so, we'll let you know and share it with you.  We'll collect your share of the fee from you when we are invoiced.

Kind regards,

Catriona



    

Tuesday, 25 October 2011

Latest Update on Roof Work

Dear all,
We promised to aim to keep you as up to date as we can with developments, so here goes:

As you may be aware, it is now a month since we communicated with all our neighbours (in both this building and those on either sides) giving notice of our intention to instruct Bolton's to undertake repairs to our chimneys and roof, as per their quote dated 28 June 2011.  (Copy available to view here)

Since then, there has been limited communication back from anyone. We have, though heard from the Montgomery Street block, who are currently having their own work done on their roof and stonework. Their residents' association spokesperson suggested that a quote that they had received for those same mutual chimneys (G&H on the map) was less than our quote, but as we have not yet seen a copy, it is hard to assess if it is a comparable quote or not.

Next door have been using the surveying services of DM Hall and I have spoken to the senior surveyor Greig Adams. He has since forwarded information that confirms that the state of the chimneys at the Montgomery Street boundary are in a very poor state of repair. (It seems that they had opted not to do that particular bit just now because it was too complicated to involve all of us, but I think that they may now be planning to take action - although we have obviously yet to be notified of anything).

However, in the last month, Andy Anderson has had even more water coming in to his flat in 3F3 - but confusingly, this is in an area (to the front Montgomery Street side of the building), that is not mentioned at all in the Bolton quote. This makes us hesitant to actually instruct Bolton's, as clearly we want to ensure that we are paying for work that will not leave any leaks behind!

Alan Duff (3F1), Andy Anderson (3F3) and I (3F2) have therefore concluded that we need to know, once and for all, exactly what we are dealing with. We have therefore instructed DM Hall, as independent surveying professionals, to undertake a Full Building Survey to be completed as soon as possible. (See their website here)

As winter fast approaches and in the interests of maintaining momentum (and potentially making the most of the opportunity of our neighbours' scaffolding) Andy, Alan and I are prepared to cover the costs of this between us just now (estimated around £500 + VAT). We hope that as ultimately we may all benefit from it, others will agree to share that expense (It would be less than £50 per property if we all agree).

This action essentially takes us to where we would have been some years ago when we all agreed to the concept of the Edinburgh Stair Partnership, which would have provided such a survey, enabling us to plan and budget for short, medium and long term maintenance and repairs. An advantage of DM Hall is that they pride themselves on having remained independent of the Council and of any particular contractors.

Anticipating that work will be required, and that we really would benefit from professionals coordinating it, I have also requested a copy of their fee structure for further services such as co-ordinating further quotes and/or contractors.


So, to summarise where we are and what actions are and are not being taken at this stage:
  • DM Hall have been instructed to undertake a Full Building Survey by Alan, Andy and myself.
  • All those of you who agree that this course of action is wise and are willing to share the cost of the fee are invited to contact us.
  • Bolton's have not yet been instructed to undertake the work detailed in the 28 June 2011 quote, pending the outcome of the survey.

    I hope that helps keep everyone in the loop for now - happy to try and answer any questions if I can.

    Kind regards, Catriona

    PS If anyone else would like 'author rights' to be able to post messages on the blog, just let me know which email address you'd like to use and I can add you.

    More water coming through the roof

    This is just to let you know that Andy Anderson (3F3) has reported more water coming through his roof recently - this time on the front Montgomery Street side. There is a risk that this may already have carried right through to the flat below as it has only become visible during renovation work.

    If you notice any leaks or damp in your own homes please let us know as soon as possible.

    This underlines how important it is that we all continue to pursue the maintenance and protection of our building.

    Wednesday, 28 September 2011

    Some Guidance on Understanding Who is Responsible for What

    It is understandable that some of us may be feeling somewhat perplexed at working out who is responsible for what in terms of the repairs currently being proposed, and so the following illustration and links may be helpful:


    • This diagram clarifies that the ROOF is 'scheme' (i.e. shared by all in a building), and the CHIMNEY STACKS are 'mutual' (i.e. shared by all those properties directly connected to it).



    If anyone else comes across any good clear resources, please let's share them!

    Catriona

    Monday, 26 September 2011

    Brunswick/Montgomery Street Property Repairs - Notice of Work

    Brunswick/Montgomery Street Properties
    (Note: this is a copy of what was handed or posted through doors on Monday 26 September 2011, and emailed to those who had provided contact details)

    Dear Neighbours,

    Further to our communication in February/March of this year with those of you in the 46/48 Brunswick St /47 Montgomery block, we promised to keep you informed of progress.  

    For those of you in adjacent buildings, i.e. 43/45 Montgomery Street, and 50/52 Brunswick St, we would like to first of all say hello, and trust that you will be as keen to protect your homes and investments as we are. (We note that you have been proactive in this already as evidenced by the current scaffolding.)

    To enable easier communication between us all, you are all invited to subscribe to follow a blog that has been set up. This can be found at http://brunswickstreetblog.blogspot.com/ . (If you click on the 'subscribe now' link on the top right hand of the page, the instructions are self explanatory. If you choose to get updates by email, you may simply have to activate it from a link that will be sent to you automatically).

    After some considerable effort, we have now finally managed to obtain some quotes for repairs to the roof, following several incidences of damp and leaks to top floor flats, particularly John Whyte's (now Andy Anderson's) at 3F3. 

    The most comprehensive of these was from Bolton's, and is attached (or can be viewed at Brunswick Street Blog (BSB)). Simon Saffery (owner of 1F1) accompanied Mr Bolton on his inspection and kindly took several photos that you can now see on the BSB.

    As you will see, much of the detail of the quote refers to the mutual chimney stacks as it is here that the work is really required rather than the roof itself. To make it easier to know which particular chimney stack is being referred to, it is suggested that we start at the top with A&B (i.e. Brunswick Street Mutual) and work clockwise round the edge of the building (C&D on Brunswick Street side, E&F on Montgomery Street side) to G&H (Montgomery Street Mutual).

    In terms of where responsibility lies for different repairs such as this, please refer to the tenement act (attached or can be viewed at BSB). This highlights that for repairs to Chimney Stacks, the costs are shared between ALL the properties that share each stack. In the case of those stacks that are shared with neighbouring buildings, the costs then would be shared as follows:

    i.e. A&B are shared with the 50/52 Brunswick Street building, and G&H are shared with the 43/45 Montgomery Street Building). 

    Therefore, taking the Bolton Quote:

    The first Stack referred to:

    Front Right Hand Mutual Chimney Stalk to Brunswick Street (10 Vent): would be A&B (Or specifically B)

    With 10 stacks, this would be shared between the 10 properties that use it, namely:

    1F1, 2F1 & 3F1 46 Brunswick Street, as well as 48 and 48a Brunswick Street PLUS

    1F3, 2F3, 3F3 (presumably) in 52 Brunswick Street, as well as 50 and 50a Brunswick Street.

    The ESTIMATE for this work is £5,514.00 + vat, so would be £551.40 + vat per property.


    The second referred to:

    Front Left Hand Mutual Chimney Stalk to Montgomery Street: would be G&H (or specifically G)

    With 10 stacks, this would be shared between the 10 properties that use it, namely:

    1F3, 2F3 & 3F3 46 Brunswick Street, as well as 47 and 47a Montgomery Street PLUS

    1F1, 2F1, 3F1 (presumably) in 43 Brunswick Street, as well as 45 and 45a Montgomery Street.

    The ESTIMATE to carry out these works is £5,725.00 + vat, so would be £572.50 + vat per property.

    The third referred to is:

    Rear Left Hand Mutual Chimney Stalk to Montgomery Street: G&H (or specifically H)

    This appears to have 7 or 8 stacks so:

    Total ESTIMATE to carry out the required works is: £7076.00 + vat, so would be approx £1,010.00 +vat per property

    Please note that these are ESTIMATES and as slating is counted as roof work this would be deducted from each quote for chimney work and, as per the tenement act, would be the responsibility of all properties in the 46/48 Brunswick Street/47 Montgomery Street building (i.e. divided by 14).

    We would like to progress this work as soon as possible to ensure we are watertight for winter (as if summer hasn't been wet enough!) and propose 28 days notice before formally instructing Bolton's to proceed. If anyone would like to discuss this please contact us.

    Your neighbours, including:


    Simon & Sharon Saffery

    Alan Duff

    Andy Anderson

    Lesley Johnston


    23 September 2011


    Friday, 23 September 2011

    A Narrow Escape....

    You may be interested to learn more about our narrow escape:

    BBC news article about the Corruption claims against Edinburgh council officials

    http://www.bbc.co.uk/news/uk-scotland-edinburgh-east-fife-14965150 

    and

    Scotland's Property Scandal  - as screened on BBC2 on Tuesday evening.

    http://www.bbc.co.uk/i/b0154z83/ 

    BBC Scotland Investigates allegations of wrongdoing and corruption in the City of Edinburgh Council.

    With council staff suspended and a police investigation under way, reporter Fiona Walker hears from homeowners who feel they've been ripped off after their housing repair bills have rocketed. Edinburgh is proud to have some of the most beautiful and important architecture in Britain but could the very system that is meant to be saving the city's buildings actually be the Capital's next shame? The programme examines Edinburgh's multi-million pound housing repairs system and hears claims that people have been left with massive debts.

    The programme also reveals that the council - already dogged by the trams fiasco - could be facing a legal bill of tens of millions of pounds.

    Wednesday, 24 August 2011

    Neighbour Notification ref Demolition of Gateway Theatre 11/02696/FUL

    Hopefully everyone will have received a copy of this through their door, but I thought it might be a good idea to post it here.

    Planning has been submitted for the demolition of the old Gateway Theatre at the back of our block.

    It can be viewed online here : http://citydev-portal.edinburgh.gov.uk/publicaccess/tdc/DcApplication/application_detailview.aspx?caseno=LQ4A9UEW7N000 

    Or in person at the counci����� �����=�������������������0���0830-1540 on Fri).

    http://citydev-portal.edinburgh.gov.uk/portal/submissions.do?action=ViewPublicCaseDetails&applicationRef=11/02696/FUL .

    We have 21 days from the date of notice (19th August 20110 to comment, either online or in writing.  In other words if you have something to say you have until 9th September to say it.

    Rhones

    Thanks to Andy Anderson and his brother, who both went up on the roof at the weekend and removed a bucketful of sludge and debris from the poor overworked gutters, particularly from the Brunswick Street corner over Alan's flat.

    Much appreciated, Andy.

    Wednesday, 29 June 2011

    Quotation for roof work from Bolton Roofing 29/06

    Apologies for the formating but the following is the quote for the roof works from Bolton roofing;

    bolton
    2 Albert Road
    Edinburgh, EH6 7DP
    Tel / Fax:0131 555 4055
    Email: enquiries@boltonroofing.co.uk
    www.boltonroofing.com
    Managing Director: R. Bolton
    VAT REG NO.783511326
    Ref: HB/LM
    Mrs Saffrey
    46 Brunswick Street
    Edinburgh
    EH7 5HY
    28th June 2011
    QUOTATION

    Dear Mrs Saffrey
    Re: Repairs at 46‐46a‐48‐48a‐50‐52 Brunswick Street & 47‐47a Montgomery Street.
    To attend site to carry out the works detailed below:

    Front right Hand Mutual Chimney Stalk to Brunswick Street (10 Vent):
    To erect scaffold access tower including walkway & scaffold around the chimney with ladder
    access & boarded where required.
    All to comply with current Health & Safety Regulations.
    Render Works:
    To cut off entire rendering, bag & remove debris from site.
    To soak chimney, apply 1st coat cement, lime, sand mortar scored to form key.
    To apply 2nd coat mortar floated smooth & lined to resemble stone work.
    Lead Works:
    To supply & fit new code 6 lead water gate to one side only of the chimney stalk.
    To cut chase , then supply new code 5 lead cover flashing to water gate.
    To re‐point chase using polysulphide mastic.
    Slating Works:
    To strip down slating at the chimney stalk abutment, lay slates aside to re‐use.
    Upon completion of new Watergate installation, to re‐slate using slates previously laid aside.
    Total cost to carry out the above works: £5514.00 + vat

    Front Left Hand Mutual Chimney Stalk to Montgomery Street.
    To erect scaffold access tower including walkway & scaffold around the chimney with ladder
    access & boarded where required.
    All to comply with current Health & Safety Regulations.
    Render Works:
    To cut off entire rendering, bag & remove debris from site.
    To soak chimney, apply 1st coat cement, lime, sand mortar scored to form key.
    To apply 2nd coat mortar floated smooth & lined to resemble stone work.

    Lead Works:
    To supply & fit new code 6 lead water gate to one side only of the chimney stalk.
    To cut chase , then supply new code 5 lead cover flashing to water gate.
    To re‐point chase using polysulphide mastic.
    Slating Works:
    To strip down slating at the chimney stalk abutment, lay slates aside to re‐use.
    Upon completion of new Watergate installation, to re‐slate using slates previously laid aside.
    Total cost to carry out the above works: £5725.00 + vat

    Rear Left Hand (‘L’ Shaped) Mutual Chimney Stalk to Brunswick Street:
    To erect scaffold access tower including walkway & scaffold around the chimney with ladder access
    & boarded where required.
    All to comply with current Health & Safety Regulations.
    Render & Cope Stone Works:
    To seal off all fire places applicable to the vents to prevent soot & rubble damage.
    To take off chimney cans, lay aside whole cans to re‐use.
    Demolish & remove chimney copes.
    To reform same in granolithic cast insitu with whole cans & new cans if required set within.
    To cut off entire rendering, bag all debris & remove from site.
    To soak chimney, apply 1st coat cement, lime, sand mortar scored to form key.
    To apply 2nd coat mortar floated smooth & lined to resemble stone work.
    Lead Works:
    To supply & fit new code 6 lead water gate to one side only of the chimney stalk.
    To cut chase , then supply new code 5 lead cover flashing to water gate.
    To re‐point chase using polysulphide mastic.
    Slating Works:
    To strip down slating at the chimney stalk abutment, lay slates aside to re‐use.
    Upon completion of new Watergate installation, to re‐slate using slates previously laid aside.
    Total cost to carry out the above works: £7076.00 + vat


    If we can be of any further assistance, please do not hesitate to contact us.
    Assuring you of our utmost attention at all times.
    Regards
    H Bolton
    for Bolton Roofing Contractors Ltd

    Monday, 25 April 2011

    Bolton Roofers Inspection Pictures

    Hi all. Pics of roof attached. Waiting for estimate, meanwhile:

     Mr Bolton Advises that the roof is fine, problem is mainly with Chimney breasts above John's flat Pics 001, 003, 004.  Notice where the chimney meets the roof.  Mortar has just been added and added. This needs to be removed and replaced with either cement/mortar or better still a lead watergate. see pic 010. This is part of the roof so everyone is responsible for this cost. There is a lead watergate on the other side of the chimney breasts both on Montgomery and Brunswick St. However, there is a hole in the top of the roof on the other side so not in pic but located behind two chimneys in pic 008. John should be aware of coping as seen in pic 011. That's the chimney above John's Kitchen.

    Chimneys above Alan Duff's flat are in better condition, pics 002 and 005.  Only one needs the rendering fixed and even that isn't urgent. However the cement / mortar is cracked and will need replacing soon. Mr Bolton said that the cement/ mortar need replacing every eight years approx. as opposed to the lead watergate which has a much longer life span. Other chimneys are fine.

    Will forward estimate as soon as we receive. You can also look at Bolton's web site for more info. http://www.boltonroofing.co.uk/index.html

    Hope this makes sense.

    Sharon

    001 002 003 004 005 006 007 008 009 010 011 012 013

    Wednesday, 23 March 2011

    Who Rules the Roof - Owners responsibilities

    Please note that the following is taken from a pdf file and has therefore lost its pictures and formating.
    Who Rules the Roof - Guide to the Tenement Act

    The Edinburgh council version of this can be found on http://www.edinburgh.gov.uk/download/downloads/id/4017/who_rules_the_roof   Tenement flat Converted Building Ex-council flat ‘four-in-a-block’ Modern apartment Who Rules the Roof? Common Repairs: how a major change in property law will affect you and your neighbours. Are you one of the owners affected? Although it is called the Tenements (Scotland) Act 2004 the law affects every owner (home, business or shop) in a building which is divided into two or more flats on different floors. What the act can do for you The Act aims to ensure that the communal parts of buildings are kept in good repair. It sets up a decision-making structure that should make it easier to carry out repairs and maintenance and deal with disagreements between owners. In most cases, this will mean that common repairs can be carried out with the agreement of the majority of owners. Filling the gaps Your Title Deeds will continue to be the key legal guardian of your rights and duties when it comes to common repairs. But where there are gaps in your Deeds, or where clauses are unworkable, the new rules will apply instead. From now on, if you want to organise a common repair you will need to be familiar with: • What your Title Deeds say, and • What the Tenements Act says Read on for details of what the Act says. If you want specific advice about your title deeds or the law, you should consult your solicitor or property agent. THE TENEMENTS (SCOTLAND ) ACT 2004 2 3 What you need to do now 4 Check your Deeds & get organised 5 Who is responsible for what? 7 Questions & Answers about communal property issues 8 Resources 14 THE TENEMENTS (SCOTLAND ) ACT 2004 What you need to do now Check your Title Deeds carefully • Your Title Deeds prove that you own your flat and define where the boundaries are. You can get copies of your own, or your neighbours’, Title Deeds from the Registers of Scotland for a small fee. (See Resources on p14) • Your Title Deeds might contain a Deed of Conditions or other document that specifies what counts as repairs and maintenance, who is responsible, who owns what and how decisions should be made. If so, follow the rules in the deed or other document. If your Deeds don’t cover some or all of these matters, ask your solicitor about using the Tenements Act to sort out disagreements. Organise • Talk to your neighbours. Consider setting up an “Owners’ Association” (if you don’t already have one) to decide which repairs are needed – and which are the most urgent. Contact our Property Maintenance Co-ordinators (see p14) for advice on setting up an Owners Association. New rules on insurance • Check that your building insurance is up to date. The new law makes it compulsory to insure your flat, and any parts of the building that you are responsible for, to full reinstatement value, regardless of what your Deeds say. Bear in mind that reinstatement value is likely to be different to the market value of your home. 4 Check your deeds What to do if you’ve found gaps or defects in your Title Deeds If your Title Deeds were drawn up recently, they may well contain effective procedures for repairing and maintaining communal parts of the building. However, many older Deeds don’t allow for efficient management and maintenance. But even if this is the case, your Title Deeds still take precedence over the new law. But if your Deeds don’t fully cover certain vital common repairs, such as repairs to the roof or stairs, then the Tenements Act fills the gaps. It sets out a structure where each flat gets one vote and decisions are reached by majority. Before, if your Deeds said nothing about how decisions were to be made, you would have had to get the agreement of every owner – this prevented many repairs from going ahead. Badly maintained buildings are dangerous Want to keep your property in good condition? Failure to carry out communal repairs will dent the value of your home. Where the majority of owners want to carry out repairs before costs escalate, the Tenements Act can be used to ensure that necessary repairs can’t be prevented by one or two owners who don’t want to pay. 5 Getting organised You and your fellow owners could consider using an architect, property managers or surveyors when deciding which projects are the most urgent. (see p14). What can owners deal with? Unless the Deeds say differently, owners can decide what needs to be done, appoint contractors to carry out the work, organise surveys and appoint property managers. If they want, owners can install door entry systems and arrange common insurance. It is a good idea to set up an owners’ association to help organise common repairs and maintenance. However this is not a requirement. How do owners make communal decisions? Unless your deeds say differently: • Each flat affected gets one vote and decisions are reached by majority • You must give 48 hours notice of a meeting – or speak to all the other owners individually • Tell owners about decisions as soon as practical • Majority decisions are binding on all existing owners and can be enforced by a single owner • Those who were not in favour, can appeal to the sheriff within 28 days • An owner who is due to pay 75% of costs can annul the decision within 21 days. 6 Who is responsible for what? Individual Responsibility Anything serving only one flat, including the door from the stair, its windows and the inside of walls, floors and ceilings to the halfway point with the next property. You are solely responsible for all repairs and maintenance to your own flat. Mutual Responsibility Mutual property is anything used by two or more flats including the stairs, stair windows, chimneystacks, service cables, pipes etc. Repairs to mutual parts of the building should be paid for equally by all who use that part – unless your Deeds say otherwise. ‘Scheme’ (Common) Property This is the most important part of the new law. It outlines all the parts of the building where maintenance is paid for by all owners. These include: the roof, the foundations, external walls and any other part of the property which the Title Deeds set out as being the property of two or more owners. It is important to note that paying for roof repairs now becomes the responsibility of every owner in the building – unless your Deeds say otherwise. Scheme Responsibility Mutual Responsibility Individual Responsibility 7 Questions & Answers A majority of owners have agreed to carry out common repairs in our tenement. Do I have to pay for my share of the costs if I did not agree to the works? Yes. Unless your Deed of Conditions say otherwise, and so long as proper procedures have been followed, you are liable to pay your share. If you do not pay, your co-owners can take legal action to recover your share of the costs. You can appeal to the Sheriff Court. We’ve agreed a programme of common repairs, but one owner has now decided to sell. Do we have to start again? No. Each owner becomes responsible for their share of the bill once the final decision is made. Someone who has moved may be hard to trace, so owners can protect themselves by serving a notice in the Land Register or Register of Sasines at least 14 days before a sale takes place. Then they can choose whether to ask the previous owner or the new owner to pay up. New owners can recover their costs from the seller. Should every flat in the building pay the same share towards repairs? In most cases, yes. If flats are all roughly the same size, then they should pay the same share. But if there is a big difference in size and the biggest flat is more than 50% larger than the smallest, then repair costs must be divided according to floor area. If you hire a professional property manager, fees should be divided equally among all flats, no matter what size. 8 Questions & Answers My upstairs neighbour won’t repair his windows and dry rot is spreading into the floor joists. What can I do? You can insist that repairs are carried out if the support or shelter of your flat is being reduced. The same goes for alterations that would reduce natural light in any other part of the building. This applies to all flats regardless of the Deeds. How will disputes among neighbours be sorted out? A lot of disagreements can be sorted out by a neutral mediator, such as a property manager. If there is a disagreement, then the Sheriff Court is the final decision maker on all aspects of the Tenements Act. For instance, if you don’t agree with a stair decision you have 28 days in which to Talking to your neighbours can remove any misunderstandings! appeal to the Sheriff Court. The Sheriff can overturn any decision he or she decides is not in the interests of all of the owners, or is unfairly prejudicial to one or more owners. How do I give my neighbours notice of a repair decision? You can do it by post, fax or email – either to the owner or his or her agent (such as a solicitor). If you don’t know who the owner is, or if they are uncontactable, you can post the notice through their letterbox addressed to ‘The Owner.’ 9 Questions & Answers My neighbour has given me notice that she wants to change her Title Deeds, but I think it might be to my disadvantage. What should I do? Take action as soon as you hear that a neighbour wants to change their Deeds. You may only have a few weeks, or less, to challenge their proposed changes. Speak to your solicitor urgently. I suspect that one of my neighbours has inadequate building insurance. Can I do anything about it? Yes. The act over-rides anything said in the Title Deeds about insurance. From now on every owner is obliged to carry enough buildings insurance to pay for full reinstatement of the flat and other parts of the building they are responsible for. Bear in Leaky pipes don’t just look bad – they damage your property mind that ‘full reinstatement’ will usually be different to the market value of your home. You are entitled to ask your neighbours for evidence that their insurance is fully paid up. Owners can set up a common policy and divide the costs as they wish. How do we find out who owns a flat? Registers of Scotland will be able to tell you who owns a flat and where they were living when they bought the flat. They may also be able to tell you if they own other property. 10 Questions & Answers We want to paint the stair, but one neighbour won’t pay because she says that’s not a repair. Is she within her rights? If she is a joint owner of the stair then she has to pay her share of all maintenance costs. These include cleaning, painting, gardening, routine work, repairs and ‘incidental improvements’ such as installing a new street door. What if an owner goes bankrupt or can’t be traced? The other owners will have to cover that person’s share of management costs and repairs to start with. It may be possible to recover these costs at a later date if the flat has a value or if there are any traceable assets – seek legal advice if large sums are involved. If one owner simply cannot pay Checking your roof regularly stops problems spreading and saves you money their share, the other owners may decide to share the costs equally between them. Registers of Scotland (see p14) can help you identify the owner of a property in your building. One flat owner won’t pay up. She says her ex-husband is still a joint owner and that he should pay. Can we force her to pay? When a flat has more than one owner, either of them can be required to pay the full share of costs – even if they have separated. It will then be up to him or her to recover the other owner’s share. 11 Questions & Answers Can I change some of the conditions in my Title Deeds? Yes. Under the Title Conditions (Scotland) Act 2003, you can apply to change conditions in your Title Deeds. You could use this new right to improve the rules for carrying out repairs. If the majority of owners in your building are in favour of changing conditions, it may be possible to achieve improvements. You should ask your solicitor to advise you. Our Title Deeds say that flats should only be occupied by a single family. The owner upstairs has let his flat to a group of noisy students, what can we do about it? You should take action quickly. If no-one challenges this breach of title conditions within five years, then that condition is removed and you won’t be able to get that condition put back later. Speak to your solicitor about challenging the breach of conditions. There’s nothing in my Title Deeds about the roof, but the top-floor owner is asking me for a share of the costs. Can she do this? Yes. In this case each owner now has to share costs of repair and maintenance of the roof. Blemishes like this may be a sign of worse happening underneath 12 Questions & Answers I’m still paying feu duties, how can I put an end to them? Feuduty was abolished by the Abolition of Feudal Tenure etc. (Scotland ) Act 2000, which came into force on 28th November 2004. No new feu duties can be created after that date. If your property has changed hands within the last 30 years or so the feu duty will probably already have been compulsorily redeemed or indeed, it may have been voluntarily redeemed at some time over that period by an owner. However, if neither of these things have happened and the feu duty still existed on 28th November 2004, the former superior had a period of 2 years from that date to serve a notice on you claiming “compensation” for the loss of the right to collect feu duty. A statutory formula was put in place for calculating the “compensation” figure similar to the formula which was previously used to calculate the “redemption” figure. If you did not receive such a notice by 28th November 2006, and you were not in any arrears with your feu duty on 28th November 2004, then you can’t now ever be asked for anything by way of feu duty or “compensation” for loss of the right to collect feu duty. However, if a notice was served, the former superior can pursue you for payment of the “compensation” for a period of 5 years. Similarly, if you were in arrears with your feu duty, the superior has 5 years in which to claim same from you. Any sum due by you will remain as a personal debt and will not pass to any new owner of your property. 13 Resources To find your title deeds… Register of Sasines/Land Register Erskine House, 68 Queen Street Edinburgh EH2 4NF 0845 607 0161 www.ros.gov.uk To find an architect… The Royal Incorporation of Architects in Scotland 15 Rutland Square Edinburgh EH1 2BE 0131 229 7545 www.rias.org.uk To find a building surveyor… Royal Institution of Chartered Surveyors Surveyor Court, Westwood Way Coventry CV4 8JE 0870 333 1600 www.rics.org British Institute of Building Technologists 01224 643106 Mediation service… Aberdeen Community Mediation Service 110 Crown Street Aberdeen AB11 6HJ 01224 560570 To find a solicitor… Law Society of Scotland 26 Drumsheugh Gardens Edinburgh EH3 7YR 0131 226 7411 www.lawscot.org.uk Publications… COMMON REPAIRS COMMON SENSE Communities Scotland has produced a free detailed information leaflet covering the Tenements Act. Ask at your local library or contact: Homepoint 0131 313 0044 www.communitiesscotland.gov.uk TENEMENT HANDBOOK Detailed advice about repairing older tenement properties. To buy a copy visit: www.thetenement.co.uk THE TENEMENTS (SCOTLAND) ACT 2004 The Stationery Office Scotland Bookshop, 71 Lothian Road Edinburgh EH3 9AZ 0870 606 5566. www.hmso.gov.uk The above publication is also available online at: www.opsi.gov.uk/legislation/scotland/ acts2004/20040011.htm For advice and information relating to private housing please contact… Aberdeen City Council Property Maintenance Co-ordinator 01224 522536/523398 privatehousing@aberdeencity.gov.uk 14 15 This document was reproduced with the kind permission of City of Edinburgh Council who originally produced it for Homeworks. DISCLAIMER: This leaflet can only give general information and cannot be an authoritative statement of the law. Specific advice should be sought in individual cases. www.aberdeencity.gov.uk Tenement flat Sub-divided property Ex-council flat Modern apartment Converted Building Common Repairs: how a major change in property law will affect you and your neighbours. Who Rules the Roof?

    Tuesday, 22 March 2011

    Roof pictures

    Burdens pdf to big will re-size and send later Have attached PDF.s and images that you may want to upload to the blog. Page 7 of the tenement act, is very interesting as it concerns who is responsible for what and the chimneys seem to be the concern of the users, which would mean some of the flats at 50, 50a and 52 Brunswick St and 45. Montgomery Street would also be part liable for two sets of chimneys respectively. Alan Duff shares the same chimney stacks as myself, so when the quotes come in, i and simon will be happy to liase with all who share our chimneys. This will also mean that the satalite dish/ aerial holders will be responsible for their own costs. Although this seems to complicate things it does mean the bill will be shared amongst more people so it should be less per household. Alan Duff and our flat are I believe users of three chimney stacks. See pic 0009 & 10. Chimney at the front is only used by eight flats, The other two are shared by Ten flats, so we can isolate the costs from the final estimate, and be responsible for these three chimneys. (Hope this makes sense) Look at the images and count the chimney pots is the best way of figuring out which flats are responsible for which chimneys. Images 1-4 are on Montgomery st. 6-11 are Brunswick Street. We were unable to take pics of the rear chimneys from the back garden. John Whyte flat is similar see photo 0002 & 03. This Shows how the flats share the x2 Chimney stacks Also attached copy of title deeds from erskine house. This shows the "burdens" associated with the property. Have also contacted Angus Blair for a quote. Sharon www.sports-portraits.co.uk

    Thursday, 17 March 2011

    BBM Common Stairwell redecoration quote 01/03/11

    BBM 129
    Lochend Road
    Edinburgh
    EH6 9BX
    tel 0131 538 3511
    07900034733
    01/03/11
    Quote nr bbm/SSBS/02
     
    FAO Sharon Saffery
    46 Brunswick Street
    Edinburgh EH7 5HY
     
    Estimate for Common Stair Painting.
     
    The paint to the upper walls of the common stair is not adhering to the walls and is flaking off in all areas. The cause of this is a lack of oil based plaster primer when the stair was first painted. To just scrape and paint these upper walls would see the same situation return within a short period of time. I therefore recommend that the walls are treated with a primer prior to the extensive filling and painting.
     
    I propose that you undertake some or all of the following:
     
    • Erect Scaffold at the top of stair to give access to cupola and high level walls.
    • Prepare, undercoat and gloss timbers to the inside of cupola.
    • Scrape walls above dado and paint with an oil based plaster primer.
    • Fill and sand all walls as required.
    • Apply two coats of emulsion to walls above dado.
    • Undercoat and gloss walls at dado and below.
    Costs for this area of works: £4900.00
     
    • Railings.
    • Rub down, undercoat and gloss railings.
    • Rub down and Varnish banister with two coats of varnish.
    Cost for this area of works: £950.00
     
    • Individual flat entrance doors and facing can be undercoated and painted for £160.00 each on request.
     
    • Block out and plaster bricked up doorway at the bottom of the stair: £250.00
     
    Please contact Stephen Buchan if you wish to discuss this quote.
     
    Kind Regards
     
    Stephen Buchan (BSc) for BBM

    BBM Full roof quote 17/03/2011

    Attached is a copy of the full roof quote from BBM issued 17/03/2011 'BBM 129 Lochend Road Edinburgh EH6 8BX Email: bbmcontracts@live.co.uk Tel 0790034733: 0131 538 3511 Ref: bbm/46Brunswick 16/03/11 46 Brunswick Street Edinburgh Repairs to roof. The render and skews on several points to the chimneys are defective. The render has cracked and lost contact with its surface causing it to fall from the stacks. The mortar skews have also broken away causing a crack to allow water in behind and into the internal fabric of the building. To remedy this I would recommend the render and skews are removed and redone. Mortar skews are a cheaper option when doing a detail for roof to wall meeting. There is differential movement between the roof and the wall and mortar is not flexible enough to take up the differences thus leading to cracks. A much better method is to use lead watergates. Lead is raggled into the wall and sealed giving you a better and longer lasting solution. To do this work effectively it should be done prior to the rendering of a chimney to allow for a belcast bead to be fitted just below the raggle. The bead is part of the render and helps protect the lead seal from the weather. I have included a price for this option in the quote. This part of the quote will be open to fluctuations as the price of lead changes and is increasing in price. There is no scrap lead to help offset the price increase therefore the costs would have to be agreed on acceptance of the quote. Your neighbours on Montgomery Street have a missing ridge piece that needs replaced and although not immediately, may affect your building eventually. This should be brought to their attention. Rendering a whole chimney is a better option and as they are communal then the costs for both sides of the chimney should be shared between adjoining tenements. A large cost involves scaffold so it makes economic sense. Involving another stair becomes a bigger problem to co ordinate for the stair spokespersons. There is a missing chimney pot to the back Brunswick street side communal stack. Some eroded stone work to the back wall at the Montgomery Street side. This has been patched and pointed using cement. Cement pointing prevents the stone drying out naturally and causes the surface to erode. There is a corroded blow off pipe protruding that’s possibly redundant and after some investigation this could be capped below roof level . A pop up behind the stack that over looks Montgomery Street front elevation has a broken seal and also looks redundant. I have attached some photos showing the defects. The front chimneys look to be in a worse state than the back two so if economics dictate then I would tackle these first. I would recommend that the stair starts a bank account that is used for communal repairs. I would need assurance that the finances are in place before starting works. If a contractor has to invoice each flat individually then it becomes costly. These costs and risks are ultimately passed on to the clients. Regards Stephen Buchan (Bsc) For BBM. Quote. Ref: bbm/46Brunswick Front Elevation chimneys. Montgomery St Cut back defective render and render chimney with 2 coats of lime sand mortar (one scratch coat and one finish coat). Cut back defective mortar haunch to skew directly below chimney and rehaunch. Erect tower scaffold for safe working and access. Remove all associated debris and scaffold on completion of works. Cost for this work: £2150.00 Watergate below this chimney. Strip back slates and mortar skew at junction. Raggle chimney and skew wall. Fix tilting fillet to roof. Dress 300mm code 5 lead to form watergate. Fit overhang into raggle and mastic joint with polysulphide mastic. Dress and fit slates to form overhang at tilting fillet. Remove all associated debris from site. Cost for this work. £1240.00. (must be done in conjunction with chimney repair) Brunswick St. Cut back defective render and render chimney with 2 coats of lime sand mortar (one scratch coat and one finish coat). Cut back defective mortar haunch to skew directly below chimney and rehaunch. Erect tower scaffold for safe working and access. Remove all associated debris and scaffold on completion of works. Cost for this work: £2150.00 Watergate below this chimney. Strip back slates and mortar skew at junction. Raggle chimney and skew wall. Fix tilting fillet to roof. Dress 300mm code 5 lead to form watergate. Fit overhang into raggle and mastic joint with polysulphide mastic. Dress and fit slates to form overhang at tilting fillet. Remove all associated debris from site. Cost for this work. £1240.00. (must be done in conjunction with chimney repair) Back elevation chimneys. Montgomery Street Cut back defective render and render chimney with 2 coats of lime sand mortar (one scratch coat and one finish coat). Cut back defective mortar haunch to skew directly below chimney and rehaunch. Erect tower scaffold for safe working and access. Remove all associated debris and scaffold on completion of works. Cost for this work: £2350.00 Watergate below this chimney. Strip back slates and mortar skew at junction. Raggle chimney and skew wall. Fix tilting fillet to roof. Dress 300mm code 5 lead to form watergate. Fit overhang into raggle and mastic joint with polysulphide mastic. Dress and fit slates to form overhang at tilting fillet. Remove all associated debris from site. Cost for this work. £1300.00. (must be done in conjunction with chimney repair) Brunswick Street rear chimney. Cut back defective render and render chimney with 2 coats of lime sand mortar (one scratch coat and one finish coat). Cut back defective mortar haunch to skew directly below chimney and rehaunch. Erect tower scaffold for safe working and access. Remove all associated debris and scaffold on completion of works. Cost for this work: £2350.00 Watergate below this chimney. Strip back slates and mortar skew at junction. Raggle chimney and skew wall. Fix tilting fillet to roof. Dress 300mm code 5 lead to form watergate. Fit overhang into raggle and mastic joint with polysulphide mastic. Dress and fit slates to form overhang at tilting fillet. Remove all associated debris from site. Cost for this work. £1300.00. (must be done in conjunction with chimney repair) Other works. Cut back pointing and repoint using hydraulic lime mortar. Cut back and repair stone (4 nr) with hydraulic lime mortar. Cost for this work. £400.00 (must be done in conjunction with chimney repair) Repair seal at upstand/pop up. £35.00 Remove blow off if redundant £30.00 Supply and fit missing chimney can. £65.00 Remove satellite dishes and reposition after works £100.00 each dish. Four dishes on the roof. There may be badly damaged stone under the render that needs replaced or taken out and bricked up. Until the render is hacked off, it is impossible to tell if the backing is strong enough to take another render. I would therefore recommend you have a £500.00 contingency fund in place to cover this. Even if it is not used it’s a good thing to have in place to cover any future emergency repairs. This quote is valid for 3 months. Please contact Stephen Buchan if you wish to discuss this quote further. Regards Stephen Buchan (Bsc) For BBM. '

    Friday, 11 March 2011

    Introduction - Who, What, Why, How?


    The purpose of this 'blog' or forum is to enable open and regular communication between all owners and tenants with regards to the maintenance of our property.

    Who:  With 14 different properties sharing our building, it can be challenging to communicate the same message to everyone at the same time without considerable effort.  All 14 owners, then, and/or their representatives, along with any tenants, are therefore invited to subscribe to this 'blog'. 

    What:   This 'blog' is a free area on the internet where invited members (see above) can post messages, links, documents, photos, comments etc with regards to the general repair, maintenance and security of our stair. 

    Why: It is hoped that this method will make it easier to keep everyone informed and in touch with what's going on in the stair/building.  In addition to the physical structure, we all share the same objective of protecting our investments, while making sure that the building is a safe and pleasant place to live.  In order to achieve this, it is likely that some maintenance work will need to be done in the immediate future and then on an ongoing, but hopefully less frequent, basis. This is a way to make sure that everyone is informed, has a say, and is aware of any potential strangers who may require access.

    How: Over the past few weeks, most of you have kindly provided an email address.  You will soon receive an email direct from the site inviting you to now become a member and an author of Brunswick Street Blog, with instructions of how to do this.  By clicking on the 'subscribe' button, you can then have any posts or comments sent directly to your inbox.  If you prefer, you can opt for a daily or weekly 'digest', and you can always still go online to view it.  

    10th March 2011 Top Floor Meeting

    On Thursday 10th March 2011, the owners of the top floor flats all met, with Sharon and Simon Saffery, long time owners of 1F1, and I thought it may be helpful to capture a brief summary of what we agreed, in our shared interest of protecting our building yet avoiding a council statutory notice:

    We will obtain at least 3 separate assessments / estimates for repair / maintenance of the whole roof at 46 Brunswick Street, asking for a detailed check to be carried out and a breakdown to be given for each of the following areas:
    • Gutters/Rhones
    • Flashing
    • Chimneys
    • Slates/Tiles
    • Arials, etc
    • Roofspace
    • Stairwell 

    The firms we shall ask will be:
    • BBM (Sharon to contact)
    • AO Blair (Sharon to contact)
    • Aardvark (Alan to contact)
    • Lee McNeice (Forster Roofing) (Catriona to contact)

    In asking for these quotes etc, we will also ask for an estimate for how much a regular maintenance check would be, and what is and is not included.  All top floor properties will be contactable to make arrangement for access where required.

    In the meantime, City of Edinburgh Council Property Conservation Department has now been contacted to let them know that we have been able to organise ourselves to make our own arrangements for repairs.  We hope that you will join us in this endeavour.

    In terms of ongoing communication, we agreed that it would be worth trying this ‘blog’ to enable more consistent and regular communication. 

    I will send details of this out (hopefully this weekend) to all the addressees which will explain what we are proposing and why, and that they can choose to subscribe to it by email (top right hand corner).  I will also invite them all to become an ‘author’, i.e. to be able to post messages. (This involves having a Google account, but it costs nothing and takes only a moment to set up if they’ve not got one already). 

    I will also post some links from there to relevant documents such as the tenement act, etc etc.

    I hope that everyone agrees that is a fair and reasonable way to progress.

    Kind regards,

    Catriona

    Friday, 18 February 2011

    18th February 2011 Letter

    Dear Property Owner,

    It has been evident for quite some years that the maintenance of our building has been sorely neglected and that more significant repair work would be required sooner or later.
    It will therefore come as no surprise to learn that with the recent heavy weather, later has become now:

    John Whyte has again had to endure water leaking badly into his property at 3F3 46 Brunswick Street. He had no option but to arrange emergency remedial work, which he did with AO Blair (see attached invoice). This is the same firm who did the last ‘temporary’ repair some years ago. When they came last week, AO Blair advised that further work would be required that was beyond their scope and recommended obtaining additional quotes. With incredible patience and persistence, John finally identified another company willing to quote (BBM). BBM have now been instructed to complete the further necessary ‘holding’ works that will enable John to continue living in his property. (See attached quote).

    John is willing to underwrite the payment of these temporary works, and will be seeking to gather the equal shares from each property in due course.

    However, we can no longer ignore the fact that the fabric of our building (not to mention the sanity and emotional wellbeing of your neighbours!), is quite literally deteriorating before our eyes, inevitably reducing the value of each of our properties.

    The Edinburgh Council advises:

    As an owner you are legally responsible for any accidents caused by defects in your building. Poor building conditions can also reduce property value, lead to big repair bills and mean cold or damp living conditions. It is in the best interest of owners to keep their building in a good state of repair and maintenance. Otherwise you risk losing control either by neglect or by intervention with a statutory notice from the Council.

    Long term solutions to organising common repairs:

    A - Set up an Owners Association: a group with formal agreements about how decisions are made, how bills are paid and sets out rules and responsibilities of all owners.

    B - Hire a factoring service: A factoring service will carry out regular surveys of your building and arrange regular repair and maintenance work on your behalf.

    We have tried over the years, to establish something more formal than the adhoc intervention of individuals, but with little success. Despite searching, there appear to be no factoring services in Edinburgh that are willing to take on this role.

    The Council’s Edinburgh Stair Partnership (that all but two properties agreed to join back in 2007) would have been the most effective and viable way of proceeding and avoiding an immediate statutory notice. However, I have just heard that the ESP service is to be a victim of the budget cuts and is to be terminated.

    Both time and options appear to have run out for us.

    This is to inform you, then, that Edinburgh Council Property Conservation Department has been notified and instructed to come and survey the building.

    This will take place within the next 2-3 weeks.

    If they consider it necessary, they will then serve a statutory notice for the necessary repairs to the building. This is likely to include the roof and stairwell at least, where an increasingly large damp patch is clearly visible, but who knows what might else be concealed?

    We would have 28 days from the date of issue of any notice to demonstrate our ability to make our own arrangements. If anyone is willing to take responsibility for leading this, please contact me. In the absence of us making any arrangements (in other words establishing a formal Owner’s Association or appointing a factoring service), the council would then take over coordination of all the works, including the tendering process, appointment of contractors and gathering payments.

    (More information on statutory notices and what this means is attached).

    If you have any comments or would like to discuss this, please don’t hesitate to contact either myself or John Whyte.



    Catriona M Macmillan

    3F2 46 Brunswick Street
    EH7 5HY

    John Whyte

    3F3 46 Brunswick Street
    EH7 5HY

     
    Friday 18th February 2011