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
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
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
Guardianship Application – Cut Costs With Scottish Legal Aid Board
Clients often tell us they are reluctant to make an application for guardianship of a vulnerable relative or friend as they have heard the process is expensive and could cost them thousands of pounds. In fact, everyone who applies for Welfare or Financial and Welfare Guardianship in Scotland is automatically entitled to Legal Aid from
Child Maintenance Advice re Child Support Changes
Child maintenance changes will come into effect later this year which will dramatically alter the way child support is collected. The objective is to give both parents a financial incentive to make voluntary arrangements. The options are:- 1 – A Family Based Arrangement – parents agree the amount and frequency of payments. This can mean alternatives to monetary
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.
Occupancy Rights and the Matrimonial Home – Legal Advice
Following separation, many people are concerned about their occupancy rights, ie their right to remain in the matrimonial home. What legal rights do married people have to remain in their family home? Do they have to move out if asked to do so by their spouse? What if the property is owned in their spouse’s sole name?
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
