Category Archives: Landlords

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

April 19, 2018 | Kirstie Donnelly |

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 >>

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 >>

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 >>

A new abandonment procedure for private landlords in Scotland

July 11, 2017 | Claire Mullen |

abandonment procedure

There is currently no formal abandonment procedure for the Private Rented Sector under the Housing (Scotland) Act 1988 (1988 Act). Despite the property appearing abandoned, generally private landlords have no legal right to recover the property in absence of a court order. The Private Rented Tenancies (Scotland) Act 2016 (2016 Act) introduces a new type … Read More >>

Tenancy Deposits Scotland – Frequently Asked Questions

July 10, 2017 | Kirstie Donnelly |

tenancy deposits scotland

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.  However, our LetLaw team … Read More >>

What is the new Private Residential Tenancy in Scotland?

July 7, 2017 | Claire Mullen |

private residential tenancy

The Private Housing (Tenancies) (Scotland) Act 2016 will introduce a new tenancy regime to Scotland called the Private Residential Tenancy (PRT). This new tenancy is anticipated to take effect sometime in December 2017. What happens to assured and short assured tenancies when the PRT takes effect? The 2016 Act provides that a tenancy cannot be … Read More >>

Letting Agent Registration – Scottish Government Guidance

March 20, 2017 | Claire Mullen |

letting agent registration

Our blog headed “Letting Agent Registration – (Less than) A Year To Go!” discussed the forthcoming requirements for letting agent registration following the enactment of the Letting Agent Registration (Scotland) Regulations 2016. Anticipated Scottish Government guidance on letting agent registration has since been published and can be found here. The guidance provides information on: who … Read More >>

What could “Right to Rent” mean for Scotland?

February 17, 2017 | Claire Mullen |

right to rent

IMMIGRATION CHECKS DO NOT YET APPLY TO LANDLORDS IN SCOTLAND! We previously blogged about the UK Immigration bill which proposed duties on landlords to carry out immigration checks on prospective tenants – essentially checking if someone has the right to rent. The bill became law on 1st December 2014 in connection with premises located in … Read More >>

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