Divorce in Scotland – a 2012 statistical round up
According to recent Scottish Government statistics, a total of 13,679 family cases were initiated in the civil courts during 2011/12, a decrease of 6% on 2010/11. Divorce actions accounted for 78% of the total figure, with actions concerning parental rights and responsibilities accounting for 17%. A total number of divorces granted during 2011/12 was 9,453,
Rent arrears, tenant eviction & using the term “bedroom tax”
I can’t seem to get away from the “bedroom tax”. Having blogged about this topic for the last couple of months, I thought an update might be useful. The changes to housing benefit came into force on 1 April. From that date Housing benefits claimants who are deemed to have a “spare” bedroom will see
Can right to buy applications be refused? How to get it right.
The Right to Buy (RTB) process is managed by various legal time limits. As a result a straightforward transaction should take around seven months to complete from receipt of the application to handing over the title. One of the most important time limits is the one month period within which a landlord must refuse or
The Dangers of Antisocial Tenants in Scotland – Tenancy Law
One of the many differences between tenancy law in England and Scotland was highlighted online recently, namely the consequences of a landlord’s failure to address antisocial behaviour in a tenancy. In England, the landlord has no specific legal obligations to deal with the antisocial tenant however Scotland is an entirely different story. The Antisocial Behaviour
Legal separation in Scotland: 5 things you need to know
Deciding to separate can be a difficult step to take but it is important to prepare yourself for what happens next. 1. How do we separate? Couples usually separate when someone moves out of the matrimonial home. A solicitor can provide clarity on this by producing a separation agreement for spouses, civil partners or couples
Disability Discrimination – A Weighty Issue
We are often asked by employers to advise on disability discrimination. Equality Act 2010 states ‘a person has a disability if he has a physical or mental impairment which has a substantial and long term adverse effect on his ability to carry out normal day to day activities’. Long term means the impairment has lasted,
Penalty Clauses in Tenancy Agreements: Are They Legal?
Putting penalty clauses in tenancy agreements is fairly routine procedure within the private rented sector. However, whilst the practice may be widespread in Scotland, the issue of whether or not a penalty clause is legitimate can be a tricky matter. Penalty clauses provide that where a tenant is in breach of their tenancy obligations, they
Internal Discplinary Procedures – Getting It Right
The case of Christou(C) and Ward(W) v Haringey Council focused on internal disciplinary procedures and involved an appeal to the Court of Appeal by 2 social workers. They were found to be at fault in the handling of the Baby P case. C was a team leader responsible for a number of social workers, including
Tenant eviction and the bedroom tax
The bedroom tax (or the “spare room subsidy” if you’re a cabinet minister!) continues to dominate conversation in the housing world this month. My latest blog last month put forward some ideas to minimise the impact of the changes to Housing Benefit which are now just two weeks away. It also seems that the UK
Shared Parental Leave – Children and Families Bill
In February 2013, the Children and Families Bill was introduced in the House of Commons. It implements, among other things, the family-friendly proposals contained in the government’s Consultation on Modern Workplaces. The Bill will introduce a new system of shared parental leave. Under this system, an eligible mother will continue to receive 52 weeks’ maternity
