(30)  Tenement reform proposals

The Scottish Law Commission published its Report on the Law of the Tenement (Scot Law Com No 162) on 25 March 1998. If implemented, there will be in effect a statutory code of tenement law. The major substantive change to the existing common law will be the removal of the ability of a single tenant to block common repairs. Instead every tenement will have a management scheme ensuring that repairs are carried out and that decisions are reached by a majority on these and other matters of mutual interest and concern. Maintenance costs (including liability for repair, cleaning, painting and day-to-day running) will be apportioned amongst the flat owners in accordance with certain rules (see para 5.67). An individual flat owner in a tenement who objects to a majority decision may apply to the Sheriff Court for annulment of the decision on the grounds that it is not in the best interests of all the owners, or that it is unfairly prejudicial to one or more of the owners. All this will be a default scheme, to apply in the absence of relevant provisions in the titles to the tenements. For the kind of problem to which the existing law has given rise, see No 6 .