Category Archives: Commercial

Changes to the Property Factor’s Code of Conduct: Factoring in the Equation

February 27, 2019 | Jane Mill |

changes to the Property Factor’s Code of Conduct

Are you a Registered Social Landlord engaged in property factoring? Are your factoring practices robust and ready for upcoming changes to the Property Factor’s Code of Conduct? The Property Factors (Scotland) Act 2011 is 6 years old and created a statutory framework providing protections for homeowners who receive services from a property factor. As part … Read More >>

In these increasingly health conscious times is it time for servitudes for recreational purposes?

February 18, 2019 | Stephanie Wood |

Servitudes

A servitude is a right that a landowner has over neighbouring property which allows the holder of the servitude (or benefitted proprietor) to do something with another person’s property, which would not normally be allowed. Whether created by a specific grant, by reservation, or indeed through uninterrupted use for the prescriptive period of 20 years … Read More >>

Clancy Docwra v E.On Energy Solutions – The Need for Consistency in Contracts

February 15, 2019 | Ainsley McKinlay |

The need for consistency in contracts

The recent case of Clancy Docwra Ltd v E.On Energy Solutions Ltd has highlighted the need for consistency between a contract and any additional documents appended to it. E.On appointed Clancy Docwra as a sub-contractor to excavate trenches for the installation of an underground district heating network. They had started the works when they encountered … Read More >>

From LIBOR to SONIA – Technical Adjustment or Substantive Shift?

January 29, 2019 | Len |

Libor social housing

LIBOR (the London Inter-bank Offered Rate) is at the heart of private funding to the housing sector. Post-2022 however, banks will no longer be required to provide LIBOR quotations and thought needs to be given as to how that may affect Registered Social Landlords who have loans that continue beyond 2022 or indeed are taking … Read More >>

Occupiers Liability – what level of care is required?

June 21, 2018 | Christine |

occupiers liability

The Occupiers Liability (Scotland) Act 1960 has given rise to a raft of case law over the past few years. In essence, it sets out the level of care required to be demonstrated by the legal entity who occupies or controls land or premises to any third party who may access such land or premises. … Read More >>

Building Your Limited Company: Steps to Success

June 5, 2018 | Eileen Barr |

Building Your Limited Company: Steps to Success

A limited liability company is a popular choice when considering business models. It has relatively small costs to set up and get going. However, the essential requirements can appear daunting. This guide outlines the key elements below and gives sources that are available for support. Articles of Association These are the building blocks of your … Read More >>

Changes to Third Party Rights in Scotland: What’s the Impact?

March 8, 2018 | Eileen Barr |

Changes to Third Party Rights

Generally, a contract only gives rights and obligations to the people that are a party to it. However, there are circumstances where contracts can create third party rights. In Scotland, these ‘third party rights’ were often criticised as the law around them was unclear and inflexible. To change this the Contract (Third Party Rights) (Scotland) Act … Read More >>

Less Action, More Waiting? Are Action Plans tackling our targets?

March 6, 2018 | Rachel Munro |

Less Action, More Waiting? Are Action Plans tackling our targets?

What is an Action Plan? The Assessment of the Energy Performance of Non-Domestic Buildings (Scotland) Regulations 2016 created a somewhat advanced form of an Energy Performance Certificate, known as both a section 63 Assessment but more commonly known as an Action Plan. When do you need an Action Plan? Action Plans apply to non-domestic buildings … Read More >>

Land and Buildings Transaction Tax – Three Year Alert

February 8, 2018 | Christine |

Land and Buildings Transaction Tax

Land and Buildings Transaction Tax (LBTT) replaced Stamp Duty Land Tax on 1st April 2015. As well as being the duty payable on the price or consideration for the purchase of residential and commercial land and properties in Scotland, its introduction affected taxation on the grant of non residential leases. In circumstances where a return in … 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 >>