A Tenement Management Scheme (TMS) is a legal framework set out by the Tenements (Scotland) Act 2004 for making decisions about the maintenance and repair of common parts of a tenement building in Scotland.

The scheme sets out rules for making decisions about managing and maintaining the shared parts of the building, such as the roof, stairwells, and exterior walls. This can include decisions about when and how to carry out repair work, who should do the work, and how the costs should be shared among the owners.

Here are some key points about the Tenement Management Scheme:

1. Decision making: The TMS provides a voting system for making decisions. Generally, each owner has one vote, and decisions are made by majority.
2. Cost allocation: Under the TMS, costs for maintenance and repairs are usually divided according to the ‘scheme cost’ which takes into consideration the value of each flat.
3. Maintenance and repairs: The TMS gives owners the right to access other flats or common property for the purpose of carrying out maintenance and repairs.
4. Dispute resolution: In the event of disagreements or disputes, the TMS provides a procedure for resolving these issues. This could involve taking the dispute to a tribunal or court.

The TMS applies to all tenements in Scotland unless the tenement’s title deeds provide an alternative scheme for managing and maintaining the building. Even if the title deeds do contain such a scheme, the TMS provisions will fill in any gaps in the deeds scheme.

Given the complexity of the TMS and the legal obligations it entails, owners of flats in tenement buildings might want to seek legal advice to understand their rights and responsibilities under the scheme.

For more information see this Scottish government page on tenement management Schemes