Notices of potential liability – Update on extent of Use
October 2011

We previously reported on the rise in use of Notices of Potential Liability under the Tenements (Scotland) Act 2004 That has proved an extremely effective method of recovery for tenement properties. Not all clients will be aware that Notices of Potential Liability can also be utilised for properties other than tenements where there is a common management scheme with charges due for the common parts.

This provision was added to the Title Conditions (Scotland) Act 2003 Section 10 by the Tenements (Scotland) Act 2004 Utilising NOPLs under the 2003 Act may be of considerable advantage to factors throughout Scotland.