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When is a Hedge a High Hedge? A legal update

When is a hedge a high hedge

Sunlight in Scotland is a rare enough thing and we cherish each moment we can get.  If you have a neighbour who does not or cannot keep a boundary hedge under control and at a manageable height, you may be losing out on this precious resource.  Disputes over the height of boundary hedges (whether the

Tenancy Deposit Scheme Scotland – Another View from Down South

Tenancy deposit scheme

A few months ago, the LetLaw team looked at the English case of Surpere v Nice where a landlord had failed to lodge the deposit with a tenancy deposit scheme. For a refresher, see here (Scottish Proposals vs English Experience). The English courts have again looked at the tenancy deposit legislation and the impact on

Welfare Reform Bill – A Bedroom Tax …..

Welfare reform bill - a bedroom tax

The UK Government’s Welfare Reform plans will reduce the amount of housing benefit support that can be given to tenants in the social rented sector by introducing new size criteria for working-age housing benefit claimants, who have extra bedrooms. People who are judged to be ‘under occupying’ their home by one bedroom will have their

Recording land ownership in Scotland – essential criteria

Recording land ownership in Scotland

The Land Registration (Scotland) Act 1979 introduced Scotland to a map-based Register as a means of recording land ownership in Scotland.  The map-based system is backed by a state guarantee and provides information and identification of registered subjects with certainty.  Legislation identifies what information must be supplied at the time of registration and Registers of

Short Assured Tenancy Agreement Scotland – Know the basics

Short Assured Tenancy Agreement Scotland

Short Assured Tenancies (SAT) are the most commonly used type of tenancy in the private rented sector in Scotland.  The following outlines the basics for both landlords and tenants in Scotland. What is a Short Assured Tenancy? A special type of ‘Assured Tenancy’ which lasts for a minimum period of 6 months. Why use a

How are Scottish wills, inheritance tax planning & charitable donations linked?

Scottish Wills - including a charity

Giving to charity is something which most people will become involved in at some point during their lifetime, whether that be through fundraising efforts, occasional donations or regular standing orders. However, did you know that you can also provide for your favourite charities on your death? How can I provide for charities on death? The

Asbestos: a continuing concern for commercial organisations or a thing of the past?

Control of Asbestos Regulations 2012

Well, the answer is: a bit of both really. Although asbestos has been banned throughout the UK since the 1980s and all related materials ceased to be used prior to the end of the last century – regulations governing asbestos within commercial premises have recently been introduced. It cannot be argued that these regulations –

Tenancy Deposit Scheme Scotland – are you ready?

Tenancy Deposit Scheme Scotland Key Dates

All three of the tenancy deposit schemes in Scotland approved by the Scottish Government are now operational! The many different aspects of the Scottish TDS have been covered on our blog before however with the official operational date of 2 July 2012 having passed, it would be a good time to remind landlords of the

Community Empowerment and Renewal Bill Consultation

campus with cherry blossom

The government has recently opened a consultation on their proposed Community Empowerment and Renewal Bill. It is an open consultation and the Bill will be drafted in light of the responses received. Current Law Currently a rural community with a population of less than 10,000 can register an interest in a piece of land and

When is a Power of Attorney Effective in Scotland?

Power of attorney in scotland

Why are individuals in Scotland reluctant to put a Power of Attorney in place? The reality is that many are concerned about losing control over their finances and assets. In fact, most people put a Power of Attorney in place as a rainy day document and their Attorney does not have authority to act straight

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