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Tag Archives: Glasgow Lawyer

Eviction actions … rent arrears …. new problems?

Postman delivering mail

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

Tenancy Deposit Scheme Scotland – 2 Potential Providers

Pile of Fifty Pound Sterling Notes

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

What are Rural Housing Burdens on Shared Equity Properties?

Shared equity schemes including Homestake and LiFT, are becoming increasingly popular and some Registered Social Landlords (RSLs) and their subsidiaries who are Rural Housing Bodies, have applied a title condition called a Rural Housing Burden (RHB) on their shared equity developments.   What is a Rural Housing Burden? The official definition is: A perpetual personal right

Record Keeping for Financial Guardians in Scotland

Financial Guardian Scotland

Financial Guardians appointed by the court under the Adults with Incapacity (Scotland) Act 2000 are given powers to manage another person’s financial affairs on an ongoing basis. These powers mean Financial Guardians have an obligation to comply with the duties and record-keeping requirements of The Office of the Public Guardian (OPG).     I’ve been

Landlords – How to use the Small Claims Court in Scotland

Small Claims Court

TC Young work closely with Landlord Accreditation Scotland and are heavily involved in their landlord training programme.  One of their current training sessions involves how to pursue a tenant for money through the courts using the small claims procedure. It’s supposed to be an easy way for people to recover money without a solicitor, but

Power of Attorney vs Guardianship, What’s better?

Powers of Attorney and Guardianship are often confused and I am regularly asked for advice on which is more appropriate. Although both concepts are regulated by the Adults with Incapacity (Scotland) Act 2000 and have similar effects, there are significant differences between the procedure for each. What is a Power of Attorney? A Power of

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