See You In Court! Landlord’s legal challenge to council

See You In Court! Landlord’s legal challenge to council


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A legal challenge has been launched on a local authority accused of charging “disproportionate” sums for repair work on a block where some apartments are council-owned and some are operated by private landlords.

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Landlord David Aiton, quoted in local media in the Falkirk area, says the council’s bill for work on the roof of a fore-property block is too expensive.

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Falkirk Council says the work will cost some £11,463 per flat.

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The council has told the Daily Record: “We have a responsibility to keep our properties in good repair. The roofing and roughcasting at this location are approximately 45 years old and show signs of deterioration.

“We want to protect the property from the elements, reduce the number of reactive repairs and preserve the life of the property.

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“The quotes we have issued for the work are based on competitively tendered prices. The price includes an allowance for unforeseen costs, however, these costs would be deducted should they not be used.

“Private owners have the opportunity to provide their own quotes for these works from an approved contractor of their choice, provided they meet appropriate health and safety guidelines and have appropriate insurances.”

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But the lawyer for private landlord David Aiton has written to the council saying the work the council is proposing is “disproportionate”.

Aiton has told the Daily Record: “It’s not a fait accompli that the council can just ride rough shod over the rights of individual property owners … We are legally challenging the legitimacy and fairness of Falkirk council’s proposal.”

He continues: ”There are private owner occupiers who have worked hard to own, maintain and pay for their own properties, in these blocks of flats.

“They are now being extremely stressed and potentially crippled financially by the council’s extortionate, disproportionate and grossly unfair approach. This is particularly galling when the council’s own technical advisers are even assessing the properties as being ‘in reasonable condition’.”

The Daily Record says the issue of owner-occupiers being charged large sums for repair work has been raised before with Falkirk council over other locations.

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