The Tenements (Scotland) Act was introduced in November 2004. It aims to make sure that communal parts of the building are kept in good repair and applies to any building that is divided into two or more flats on different floors. The Act does not override Title Deeds, but is intended to fill any gaps and replace unworkable clauses.

The Tenements Act is therefore a default law in that it will only apply if the Title Deeds do not make appropriate provisions or arrangements or if they are defective. The best position is if the Title Deeds have been specifically written for that building and take account for the particular needs of that building.

Generally this will be the case for newer properties but perhaps less so for traditional tenement type buildings where the Title Deeds have not been revised or don't sufficiently do their job in terms of including a comprehensive management or factoring scheme.