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Housing (Scotland) Act 2006

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This is the original version (as it was originally enacted).

44Maintenance plans for two or more houses
This section has no associated Explanatory Notes

(1)A maintenance order may, where any premises consist of two or more houses, require the owners of those houses to prepare jointly a maintenance plan in relation to any part of the premises, including any part—

(a)which is owned in common by those owners, or

(b)which those owners are responsible for maintaining by virtue of a real burden or otherwise.

(2)A maintenance plan prepared in pursuance of a maintenance order which relates to two or more houses must, in addition to the provision required by section 43, apportion the liability of each joint owner in respect of the costs of implementing the plan in such manner as the owners of those houses think fit.

(3)Such a maintenance plan may also—

(a)apportion responsibility for maintaining the houses to which the plan relates in such manner as the owners of those houses think fit (or, where the plan is devised by a local authority, in such manner as it thinks fit),

(b)require those owners to appoint a person to manage its implementation,

(c)require those owners to open, and deposit sums into, a maintenance account,

(d)set out the arrangements for operating a maintenance account (including arrangements for authorising withdrawals from it and for winding up and closure).

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