Category Archives: Landlords

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

May 3, 2019 | Claire Mullen |

holiday let

Holiday lettings sit outwith the standard regulatory framework of the private rented sector. A holiday let is excluded from constituting a Private Residential Tenancy. There is no requirement for such landlords to register or pay over a deposit to a Tenancy Deposit Scheme. Furthermore, the Repairing Standard does not apply to holiday lets of less than … Read More >>

Annual Gas Safety Checks – are you still paying too much?

April 11, 2019 | Ian Black |

gas safety check

The Gas Safety (Installation and Use)(Amendment) Regulation 2018 came in to force on 6 April 2018. A year on, it is worth reminding landlords of its terms. This amendment addressed the often unnecessary and unintended financial burden of over-compliance with the 12 month gas safety check. Instead of having to begin the process early, in … Read More >>

Changes to the Repairing Standard

March 1, 2019 | Ian Black |

Changes to the repairing standard

It is all change right now in the world of repairs for private landlords in Scotland. We recently saw new Gas Safety Regulations come into force on 6 April 2018 and more changes have been implemented with the Housing (Scotland) Act 2006 (Modification of the Repairing Standard) Regulations 2019. Please find below a summary of … Read More >>

Updated Model Private Residential Tenancy Agreement

February 13, 2019 | Claire Mullen |

model private residential tenancy agreement

The Scottish Government has recently published updated versions of the model Private Residential Tenancy Agreement, Easy Read Notes, and Statutory Terms Supporting Notes. This update takes account of changes to data protection laws, as well as other minor edits and clarifications. The new versions should be used going forward. You can access the updated information … Read More >>

Laying Strong Foundations: Qualifying Occupiers

January 9, 2019 | Kay Slater |

qualifying occupiers

It is a well known principle that any construct must be built on solid foundations in order to stand the test of time. Well, the same can be said for raising an action for recovery of possession of a Scottish Secure Tenancy. In order for proceedings to be initiated the first step is to serve … Read More >>

First-tier Tribunal – amendments to the Procedural Rules and Legislation

January 3, 2019 | Claire Mullen |

Previously, we blogged on the problems with service of actions raised at the First-tier Tribunal – Housing and Property Chamber (FTT-HPC) where the address of the tenant was unknown. Proposals to amend the FTT-HPC procedural rules to correct this problem and revise the procedural rules more generally were laid before Parliament in December 2018. The amending … Read More >>

All Aboard! Last Call for Agent Letting Registration

September 26, 2018 | Kay Slater |

Letting agent registration

There is now an impending deadline fast approaching at breakneck speed on the 1st October 2018. Yes, that’s correct. As the turn of the month falls before us and as we enter the autumnal season, if you are conducting letting agency work in Scotland and have not applied to join the Register of Letting Agents … Read More >>

How long is a six month lease? The First-tier Tribunal’s interpretation

August 23, 2018 | TC Young |

How long is a short assured tenancy

The First-tier Tribunal for Scotland (Housing and Property Chamber) (FTT)  recently considered the duration of a short assured tenancy in the case of Prestel & Dunbar v Norton (EV/18/1089).  In this case parties entered into a tenancy agreement on 21st July 2017. An AT5 was served on the same date, before the tenancy agreement was … Read More >>

Eviction Proceedings Relying on Arrears – The Importance of Rent Statements

August 9, 2018 | Nicola Caldwell |

Rent Statements

On 1st December 2017 jurisdiction for private sector tenancy related disputes transferred to the First-tier Tribunal for Scotland Housing and Property Chamber. The Tribunal is allocating up to two cases to be heard each day. Tribunal members have sufficient time and expertise to scrutinise the content of rent statements. Accordingly, it is now more important … Read More >>