Category Archives: Social Housing
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
RSLs and Lenders’ Requirements – Obtaining Consent ….
Are lenders becoming more difficult with RSL’s about seemingly routine property matters? In recent times, it has seemed to me that the answer is “yes”. I often advise clients on the following matters:- – the grant of leases of office premises ; – the preparation of Deeds of Conditions for new affordable housing developments; – the
Letterhead Requirements for Companies and Charities
Is your letterhead correct? Could you as an individual and/or the company/charity be facing possible prosecution and a fine of up to £1,000 with further fines of £100 per day being imposed? Under the Companies Act 2006, a company registered with Companies House must include their company’s registered name (as it appears on the company’s
Is it possible to have an agreement to agree?
Is it really possible to have an agreement to agree? From the bus in the morning, to that mid-afternoon pick-me-up coffee, we constantly enter into informal “contracts” or “agreements” with others. These transactions benefit from certainty. Pay £1.40 and you will receive a bus ticket. Simple. But contracts can be much more complex than this.
Collateral Warranty – what are the key clauses?
In basic terms, 3 parties are involved in a collateral warranty: A contractor A beneficiary (third party) An employer A collateral warranty provides a contractual link between a third party (the beneficiary) and a contractor which has carried out certain works or provided certain services for the employer. So when is it appropriate to
RSL Land acquisitions – how to avoid VAT issues
RSLs need to consider VAT implications early in land acquisition discussions if they wish to avoid VAT issues. If a seller has opted to tax, an RSL can prevent the option applying to the land it is purchasing by serving a certificate to disapply the option on the seller. This Certificate: makes a declaration that
Eviction actions … rent arrears …. new problems?
Evictions actions don’t only happen for rent arrears. Home owners also face losing their homes if they don’t pay their mortgage. In Scotland, two recent court decisions have made it much more difficult for lenders to evict home owners. Santander v Gallagher, a sheriff threw out an eviction action because the pre court notice had
Right to Buy – Do you know what the ‘Cost floor’ is?
When selling a Right to Buy property, you need to check if the cost floor is relevant. The cost floor is the accumulative total spent for a property during the last ten financial years (from date the application to buy was received). This spend includes: renovation costs (eg bathrooms, kitchens); improvements (eg cladding works); and
Procurement – Contracting with your Subsidiary
In the current economic climate, RSLs are looking to make savings in their procurement processes in any way that they can. Many of our RSL clients have subsidiary companies which can carry out work on their behalf, and for third parties. Where an RSL and its subsidiary are members of a VAT group, significant savings
Public Procurement Advice – Duty to Provide Reasons
Public procurement – do you know what your obligations are? Once public bodies (this includes RSLs) have gone through the often arduous process of procuring a contractor through one of the procedures set down in the procurement regulations, there is often a sense of relief once the successful bidder is selected and the requisite notices
