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Are you ready for the GDPR?

October 19, 2017 | Alastair |

GDPR

The General Data Protection Regulation (GDPR) will come into force on 25th May 2018 replacing the Data Protection Act 1998. Every public and private organisation in the UK, including RSLs, will have to comply with the regulations which relate to how organisations process and handle personal data. What are some of the main changes? Notice … Read More >>

Do I really need a Will?

October 10, 2017 | Ailidh Ballantyne |

Do I really need a Will

“It’s ok, don’t worry. My wife will get everything”. These words are uttered more than any other when someone dies without a Will. It is a common misconception that should you die without having made a Will that your spouse will receive your entire estate. Indeed, it doesn’t matter if you have only been married … Read More >>

Evictions under the new Private Residential Tenancy

October 3, 2017 | Claire Mullen |

new private residential tenancy

The Private Housing (Tenancies) (Scotland) Act 2016 comes into force on 1st December 2017. It will introduce the new Private Residential Tenancy which will replace Assured and Short Assured Tenancies in Scotland from the effective date. Existing Assured and Short Assured tenancies will continue unaffected. The new Private Residential Tenancy (PRT) offers significant security of … Read More >>

Paying for Care – What is deliberate deprivation of capital?

October 2, 2017 | Ailidh Ballantyne |

paying for care

With one in four of us likely to need care in our old age, the issue of paying for care home fees has never been more common. Exploring options to reduce capital/savings/assets has become popular, including placing property into trust. Is this an attractive way of avoiding care fees? For example, take a lady who … Read More >>

Fair Rent appeal success for Housing Association Tenant

September 26, 2017 | Neil Matheson |

fair rent

Many housing associations still have a number of tenants who benefit from the protection of the Fair Rent regime.  They are tenants who have been with the Housing Association since before 2nd January 1989 and have not moved home voluntarily since 30th September 2002. When fixing a rent for one of these houses, housing associations … Read More >>

A new servitude? The servitude of parking…

September 12, 2017 | Christine |

servitude

Some years ago the House of Lords decided in a case Moncrieff -v- Jamieson that parking could be implied as a right running alongside a servitude right of way.  Given this acceptance that parking could be an adjunct to a servitude right of way that seemed to lead on to the possibility that parking could … Read More >>

Re-introduction of Pursuers’ offers in Scotland

September 11, 2017 | Neil Matheson |

In Scotland, if you have raised a court action against another person for recovery of a sum of money then you are known as the “Pursuer” and the person you have taken to court becomes known as the “Defender” Defenders in court actions have been able to take advantage of formal offers of settlement for … Read More >>

The Abolition of Employment Tribunal Fees

September 5, 2017 | John Norrie |

Abolition of Employment Tribunal Fees

Following the abolition of employment tribunal fees, many questions remain.  We will aim to clarify the situation as it currently stands. When were tribunal fees abolished? They were abolished on 26 July 2017, following a ruling by the Supreme Court that they were unlawful. I have already paid tribunal fees – can I reclaim them? … Read More >>

Buying from a builder

September 4, 2017 | Katharine Smith |

buying from a builder

Buying from a builder is appealing to home buyers for a number of reasons: Many people like the fact that they will be the first to live in the property Repairs and redecoration costs should be minimal for the first few years Buyers can often select fixtures and fittings to tailor the property finish to their taste New … Read More >>

When is a “holiday let” not a “holiday let”?

September 4, 2017 | Claire Mullen |

holiday let

Holiday lettings sit outwith the standard regulatory framework of the private rented sector. A holiday let is excluded from constituting assured tenancies and will be excluded from the new Private Residential tenancy when it takes effect in December 2017. There is no requirement for such landlords to register or pay over a deposit to a … Read More >>

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