Category Archives: Private Landlord
Debt recovery Scotland – have you considered bank arrestment?
Debt recovery legislation in Scotland ensures that where an order for payment has been made by the Court in a small claims action (or any other payment action), a Pursuer can recover the sums owed via an arrestment if a Defender refuses to pay sums due. What is an arrestment? An action allowing a Pursuer
Letting Agents – can your tenant reclaim their fees?
We recently blogged about the Scottish Government’s current consultation on the issue of letting agents charging premiums and possible amendments to the definition of a premium. Since then, Shelter has launched a much publicised campaign encouraging tenants to “reclaim your fees”. Shelter wants the Scottish Government to clarify the legislation to make it clear to
Private landlords – don’t lose your HMO licence!
Landlords in the private rented sector in Scotland must register with their local authority for an HMO licence and must be deemed fit and proper persons. Additionally, where properties are being let to multiple occupants, the property itself also requires to be licensed. Where a landlord has a number of different HMO properties then the
Tenancy Deposit Scheme Scotland – Diary Dates You Can’t Ignore
The Scottish Government has approved its first Tenancy Deposit Scheme!! Ministers have just announced that the scheme proposed by Letting Protection Scotland has been given the green light to become operational under the Tenancy Deposit Schemes (Scotland) Regulations 2011, with effect from Monday 2 July 2012. Meanwhile, two other schemes, namely SafeDeposits Scotland and MyDeposits
Letting Agents: Ensure Deposits & Reference Fees are Lawful
Letting agents charge a number of different types of fees to tenants, under a variety of names such as: “holding deposits”, “referencing fees”, “administration fees”, to name but a few. The current legal position under the Rent (Scotland) Act 1984 is that it is an offence to charge or receive any premium (over and above
Landlord Legal Responsibilities – Electrical Safety Checks
Landlords do you know your legal responsibilities regarding electrical requirements? In the private sector it can be bewildering when it comes to knowing what your legal obligations are when carrying out electrical safety checks on electrical installations and appliances within rented properties. There are two main legal obligations that a landlord should be aware of.
Scottish Landlords – beware of internet legal advice!!!
The internet can be a confusing place for Scottish landlords – with many unaware of the differences between the Scottish and English legal system.. Scottish landlords can be easily misled by websites targeting English landlords referring to English procedures, which can leave the landlord vulnerable, particularly in the area of eviction. Some of the key
Landlord Requirement to provide Tenant Information Packs
Are you aware that the Private Rented Housing (Scotland) Act 2011 is proposing that all Landlords will in the future have to provide tenant information packs? The aim of this Act is to support responsible landlords and address more effectively the problems caused by landlords who act unlawfully, by strengthening the regulation of the private
Tenancy Deposit Scheme Scotland – 2 Potential Providers
The private rented sector is waiting with baited breath for the first deposit scheme to be approved in Scotland. So who’s in the running? At present there are two potential providers; SafeDeposits Scotland and the Letting Protection Service Scotland. Option 1 – SafeDeposits Scotland a not-for-profit limited company registered in Scotland. headed up by the
Private Rented Housing Scotland Act 2011: Landlord Legal Advice
The Private Rented Housing (Scotland) Act 2011 will introduce changes which will affect all landlords in the private rented sector, with its various parts coming into force in stages. The following provisions will amend the existing Houses in Multiple Occupation (HMO) licensing regime and are due to come into force on 31 January 2012: A
