Managing and Maintaining Flatted Buildings: Some Anglo-Scottish Comparisons

Abstract

A. BACKGROUND (1) The legislation of 2004 (2) The late arrival of the DMS B. MANAGEMENT (1) The importance of management (2) Owners’ associations and the TMS C. MAINTENANCE (1) TMS (a) The absence of a positive duty to maintain (b) An example from case law (c) The Scottish Law Commission’s four factors (2) DMS and commonhold D. OCCUPIERS’ LIABILITY E. DMS AND COMMONHOLD COMPARED (1) The bodies corporate (2) Conduct standard for directors and managers (3) Dispute resolution F. CONCLUSION