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Abandonment Proceedings

January 20, 2020 | Catherine McQuarrie |

abandonment proceedings

The Housing (Scotland) Act 2001 (2001 Act) allows the landlord of a Scottish Secure Tenancy to recover an abandoned property without the need for court proceedings. Section 17, 18 and 19 of the 2001 Act deal with this procedure. The procedure can only be applied where the landlord has reasonable grounds for believing that: the … Read More >>

Finding A Traineeship: A (Brief) A-Z From A Trainee’s Perspective

December 18, 2019 | Ross O'Donnell |

find a traineeship

You have studied hard, attained your law degree and you are finally ready to be a Trainee Solicitor. Now, all that is left to do is to find a traineeship! But, how exactly do you do that? Importantly, the answer to this is not the same for everyone. For some, the answer is more straightforward … Read More >>

Can a Landlord Serve a Notice to Leave in Anticipation of Arrears?

December 16, 2019 | Claire Mullen |

The Private Residential Tenancy regime provides that “it is an eviction ground that the tenant has been in rent arrears for three or more consecutive months” (Ground 12 of Schedule 3 of the Private Housing (Tenancies) (Scotland) Act 2016). There appears to have been a perception that a landlord could serve a Notice to Leave … Read More >>

Election 2019: Implications for Employment Law

December 13, 2019 | Marianne |

employment law

As we wake up this morning we are presented with the seismic shift in the landscape of UK politics with the Conservatives taking control of the House of Commons with a landslide victory. Whilst the reality of what lies ahead in the next 5 years remains to be seen, there will of course be an … Read More >>

Difference between a servitude and a wayleave

December 12, 2019 | Christine |

Difference between a servitude and a wayleave

The key difference is that a wayleave does not have to comply with any strict rules of creation. Wayleaves provide rights similar to those found in servitudes but can be created without the need to identify a benefited property. Wayleaves are binding for a specified period and against successors in title rather than being personal … Read More >>

I’m Appointed As An Executor – What Are My Responsibilities?

December 10, 2019 | Ailidh Ballantyne |

Appointed as an executor

Choosing who you wish to implement the terms of your Will can be a difficult decision. After all, this is the person you will trust to ensure that your estate is administered according to your wishes. An executor is a person who is appointed by someone who is making a Will (also known as the … Read More >>

Tenancy Deposit Scheme Reminder

December 9, 2019 | Laura Shields |

deposit scheme

It’s rarely in the best interests of a landlord/tenant relationship to have to move a disagreement over deposits to court proceedings. In some instances though, it is an inevitable result of a landlord not adhering to the Tenancy Deposit Schemes (Scotland) Regulations 2011. Between December 2017 and June 2019, there were over 200 cases where … Read More >>

Managing Someone Else’s Finances

December 4, 2019 | Lynne Lind |

managing someone else's finances

When you, or someone close to you, has been diagnosed with a deteriorating health condition thinking about day-to-day practicalities can be difficult, for example managing finances. To allow someone to manage your day-to-day banking (but not open or close accounts or apply for overdraft) can be arranged by means of a Third Party Mandate. The … Read More >>

Energy Efficiency Regulations To Come Into Force

November 19, 2019 | Nicola Caldwell |

energy efficiency regulations

The Energy Efficiency (Domestic Private Rented Property) (Scotland) Regulations 2019 are proposed to come into force on 1 April 2020. The purpose of these regulations is to tackle the the least energy-efficient properties in Scotland. These regulations outline minimum standards of energy efficiency landlords must meet for domestic private rented properties. EPCs (Energy Performance Certificates) … Read More >>

Tenancy Deposit Update – LANDLORD WARNING!!!

November 14, 2019 | Claire Mullen |

Tenancy deposit

Since 2012, landlords in Scotland have been required to lodge security deposits in one of three approved tenancy deposit schemes. Landlords should by now be well aware of their obligations to lodge deposits within 30 working days and to provide tenants with specific information relating to the tenancy and the deposit. The scheme is regulated by … Read More >>