Tag Archives: Landlord Legal Advice Scotland
Gritting common areas … a landlord’s responsibility?
In a previous blog about landlords’ duties during the winter months, I highlighted the possible duty under the Occupiers Liability (Scotland) Act 1960 to ensure that common areas are gritted. Continuing the gritted theme, a very interesting judgement has now been released in a sheriff court case. The case is Bonham v Pentland Housing Association.
Scottish Tenant Information Packs
Following their introduction in the Private Rented Housing (Scotland) Act 2011, the Scottish Government has announced that tenant information packs will arrive on the 1st May 2013. From that date, a landlord will be required to provide the tenant with standard documents no later than the date on which the tenancy starts, as specified in
Landlord Legal Advice – Who Pays for Common Repairs?
We are coming across an increasing number of queries from landlords regarding the problems arising from common repairs. Many landlords will have tenanted properties in blocks of flats where there will be common property requiring maintenance and repair. The question of who carries out the work and more importantly who pays for it is often
“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
Tenancy Deposit Scheme Scotland – are you ready?
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
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
Landlord Requirement to provide Tenant Information Packs
Are you aware that the Private Rented Housing (Scotland) Act 2011 is proposing that all Landlords will in the future have to provide tenant information packs? The aim of this Act is to support responsible landlords and address more effectively the problems caused by landlords who act unlawfully, by strengthening the regulation of the private
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
HMO Licensing – How not to do it
New rules relating to licensing of houses in multiple occupation (HMOs) came into force August 2011. Landlords should be aware of these rules, which require a local authority licence when a property is shared by three or more unrelated individuals. There are some exceptions but a recent court case has shown that landlords should
Rent Arrears and Early Intervention by Landlords
A regular question at our landlord training sessions relates to the idea of early intervention when a tenant accrues arrears. Landlords should always contact the tenant in these situations to obtain an explanation for the non-payment of the rent. Early contact can often prevent the situation from escalating outwith the tenant’s control. Many landlords
