Category Archives: Landlords

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 – proposed 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 legislation more generally now been laid before Parliament.  The proposals correct … 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 >>

What happens when a Joint Tenant wants to leave a Private Residential Tenancy?

April 19, 2018 | TC Young |

What happens when a Joint Tenant wants to leave a Private Residential Tenancy?

We previously blogged about what options are available to landlords where one joint tenant wants to leave a rented property and the other(s) wish to remain. That blog related to assured and short assured tenancies under the Housing (Scotland) Act 1988. Landlords should by now be aware that under the Private Housing (Tenancies)(Scotland) Act 2016, … Read More >>

To Report or not Report a GDPR Breach?

April 6, 2018 | Rachel Munro |

To Report or not report a GDPR Breach?

Under the General Data Protection Regulation (2016/679), a Data Controller is under a strict obligation to report a GDPR breach to the Information Commissioner’s Office (ICO) in the event that it meets certain requirements. Time frame for reporting You must report a personal data breach, under Article 33, without undue delay and not later than … Read More >>

General Data Protection Regulation (GDPR) for HR

November 30, 2017 | Alastair |

general data protection regulation

Many organisations are currently preparing themselves for the General Data Protection Regulation. For many their initial focus for the forthcoming changes (May 2018) may be on their ‘day to day business’, but it is also important that their ‘day to day business’ includes their HR procedures.  Consideration needs to be given to ensure their current … Read More >>