Sometimes your title deeds may have gaps or lay nothing down in decision-making with other owners in your tenement. Title deeds might not describe all the common areas or give a share of costs that adds up. In that case, you can revert to Tenement Management Scheme (TMS). You could be wondering what is tenement management scheme? They are sets of procedures that flat owners require to follow when making decisions about repairing and maintaining common parts. It will fill in the gaps and make your responsibilities as a flat owner clearer.
Decisions that can be made under TMS
Any decisions reached under TMS is called ‘scheme decisions.’ When you and other owners cannot decide on how to carry out maintenance, you can make scheme decisions on various issues. For instance, TMS will explain how you should arrange maintenance inspection, hiring and dismissal of the property manager, arranging common insurance, or sorting out emergency work. Moreover, the decisions are made through a voting system, where each party represents one vote.
Sharing the Cost
Once you have made your scheme decision, you become responsible for the costs required to carry out repairs and maintenance. Under the tenement management scheme, all owners should pay an equal share of the maintenance and repair costs involved. However, there are a few exemptions, such as when the work comprises a part of the tenement. In such a case, then the owners of the flats should pay for the cost and not everyone. Furthermore, in instances when the affected area is more than the one-and-a-half time the floor, then the repair costs will be split in a manner that the larger flat pays more.
Decisions that are not covered by TMS
As much as the tenement management scheme will come to your aid when you are unable to make decisions between you and other owners, not all the decisions can be made under it. The TMS does not make decisions concerning alterations, demolition, or improvements unless they are part of maintenance and repair work. Therefore, unless your title deeds say otherwise, you will be required to get 100% agreement of the owner before proceeding with any sort of improvement to the tenement.
Conclusion
If your title deeds do not specify how you should make decisions, or when different owners’ deeds state conflicting information, always check what is tenement management scheme is saying about the issue. TMS has a set of rules that can help you decide how to carry out maintenance work, repairs, and replacement. Moreover, you will know how to share the costs and, in most cases, an equal measure is taken except a few exemptions. However, remember that the tenement management scheme does not rule over demolitions, improvements, or alterations.
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