S17.40 Repayment Charge (Registered Social Landlords)

General

Tenement management schemes provide for the management and maintenance of common and shared areas within a tenement (including the solum, roof, foundations, and external walls).

Registered social landlords who own at least one flat in a tenement under such a scheme, and who have paid a private homeowner's share of scheme costs by enforcing a scheme decision, may make a charge in favour of itself to recover such costs.

Such repayment charges, and discharges of same, must be recorded or registered, in accordance with regulation 9 of the Registered Social Landlords (Repayment Charges) (Scotland) Regulations 2018, and must be in the form prescribed by the schedule to the same. The amount to be repaid must not exceed £10,000, and must be of no fewer than five and no more than thirty equal annual payments. All information fields must be completed.

Examples

Repayment Charge (Registered Social Landlord) - Statutory style

(The numbers within the text relate to the notes for guidance)

We (1)……………………………………………….., in exercise of the power conferred on us by regulation 2 of the Registered Social Landlords (Repayment Charges) (Scotland) Regulations 2018, CHARGE the subjects described in the schedule with a repayable amount of (2)………………………. sterling, payable in (3)..................... equal annual instalments of (4)…………..………, the first instalment being payable on
(5)……………………in 20……. and subsequent instalments on the same date in every succeeding calendar year IN WITNESS WHEREOF (6)

SCHEDULE

DESCRIPTION OF SUBJECTS (7)

Notes for guidance

1. Insert the name and address of the registered social landlord.
2. Insert in words the repayment amount.

3. Insert the number of equal instalments, being no fewer than 5 and no more than 30.

4. Insert the amount of the annual instalment.
5. Insert a date after the making of the charge for the first instalment to be paid.
6. The deed should be executed here and at the end of the Schedule.
7. Insert a full description of the subjects by reference to the postal address and, as appropriate, either

(a) a competent conveyancing description to enable recording in the General Register of Sasines, or
(b) the registered title number to enable registration in the Land Register.

Discharge of Repayment Charge (Registered Social Landlord) - Statutory style

(The numbers within the text relate to the notes for guidance)

We (1)……………………………………………., DISCHARGE the Repayment Charge made by us on (2)………………………. over the subjects (3)........................ and [either] (4) registered in the Land Register under Title Number (5).................. on (6).................. [or] (4) recorded in the Division of the General Register of Sasines for the County of (7) …………..……… on (8).....................  IN WITNESS WHEREOF (9)

Notes for guidance

1. Insert the name and address of the registered social landlord.
2. Insert the date of execution of the original Repayment Charge.

3. Insert the postal address of the subjects.

4. Delete as appropriate.
5. Insert Title Number in Land Register.
6. Insert date of registration of Repayment Charge.
7. Insert name of County in the General Register of Sasines.

8. Insert date of recording of Repayment Charge in the General Register of Sasines.
9. The deed should be executed here.

Example minutes

REPAYMENT CHARGE (in terms of regulation 2 of the Registered Social Landlords (Repayment Charges) (Scotland) Regulations 2018) of £6,329, by REGISTERED SOCIAL LANDLORD over 153 LONDON ROAD, EDINBURGH as therein mentioned. Dated 27 Oct. 2018

DISCHARGE by REGISTERED SOCIAL LANDLORD of repayment charge (recorded 27 Oct. 2018) over 153 LONDON ROAD, EDINBURGH. Dated 28 Oct. 2018

Guidance