Go to Blog Home

Tag Archives: legal advice scotland

Tenant eviction and the bedroom tax

image courtesy of cooldesign / FreeDigitalPhotos.net

The bedroom tax (or the “spare room subsidy” if you’re a cabinet minister!) continues to dominate conversation in the housing world this month. My latest blog last month put forward some ideas to minimise the impact of the changes to Housing Benefit which are now just two weeks away. It also seems that the UK

Should RSL Committee Members be paid? The Charity Law Angle …..

Paying RSL committee members

The suggestion, as part of the current consultation by the Scottish Housing Regulator,that RSLs should be allowed to pay committee members (click here for more information) has generated considerable debate. Views have been put forward on both sides of the argument. The current position is, of course, that such payments are outlawed by Schedule 7

Child Contact Orders: What is contempt of court?

Child Contact Orders

What happens if contact doesn’t take place? When a Court order is in place stating the times a child has contact with a parent each week, and the parent with whom the child lives wilfully refuses to obey the order, then the other parent is entitled to ask the Court to make a finding of

Evicting Tenants for Antisocial Behaviour? Good or bad idea?

In May 2011, we asked our blog readers whether a conviction for supplying Class A drugs within a social rented house should be made a mandatory ground for eviction.  97% of those who voted were in favour. Earlier this month, Grant Shapps, Housing Minister in the UK Government launched a consultation document; it asks whether

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

The Scotland Bill – What it Means for Housing Associations

Amidst the political and constitutional tug of war currently taking place between the SNP administration at Holyrood and the Coalition Government at Westminster, it has been easy to overlook the impact that the Scotland Bill will have on housing associations when it becomes law later this year. As it stands, the main provisions worthy of

What are Living Wills and do I need one?

Living Will Scotland

What is a living will? It is: a statement expressing your views about how you would like to be treated in the future a Will of sorts but applies whilst you are alive not after your death essentially an expression of your wishes set out in advance of illness at a time when you have

Combining a Power of Attorney with Effective Tax Planning

Attorneys acting under a Continuing and Welfare Power of Attorney must comply with the five guiding principles set out in the Adults with Incapacity (Scotland) Act 2000. Arguably, the most important of these is that an Attorney must always act in the best interests of the adult. Best interests of the adult – not always

Adults with Incapacity; Guardianships – What do the Scottish Courts Require?

Clients who come to us looking for advice on applying for Financial and Welfare Guardianship are often anxious that guardianship involves an application to the court. Most are unaware of the procedures and timescales involved and are surprised to learn their application has to be supported by three independent Reports from: - the adult’s GP, - a

Welfare Reform and RSLs, the Debate Continues

The Welfare Reform bill which is currently progressing through parliament at Westminster has created much debate in the housing sector. Much of the debate has involved the proposed introduction of a “universal credit”, a single benefit payment for all claimants. This credit would: replace all existing benefits  involve the eventual removal of Housing Benefit as

Powered by WordPress