Tag Archives: Glasgow Lawyer
“Premiums” and Unlawful Tenancy Fees – what are the changes?
Following their consultation on the issue of unlawful tenancy fees in May, the Scottish Government have announced that a change to the definition of a “premium” will come into effect on 30 November 2012. Currently, the definition of a “premium” is contained within section 90 of the Rent (Scotland) Act 1984 which states that it
Eviction after bankruptcy or signing a trust deed – Scotland
Over the last few years, we have received a significant number of queries from housing associations and private landlords in Scotland when a tenant is sequestrated (declares “bankruptcy”) or signs a trust deed. When a person enters into bankruptcy or a trust deed, it becomes impossible to raise court proceedings against them to enforce payment
Debt Recovery – Using the Small Claims Court in Scotland
The Small Claims Court in Scotland can be used by landlords looking to recover a debt owed by a tenant. Usually these debts relate to rent arrears or costs arising from repairs. If tenant fails to pay a debt owed to the landlord, and has also failed to respond to correspondence, then the landlord must
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
Tenancy Deposit Scheme Scotland – 2 Potential Providers
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
Record Keeping for Financial Guardians in 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
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
