Category Archives: Landlords

Can a Landlord Serve a Notice to Leave in Anticipation of Arrears?

December 16, 2019 | Claire Mullen |

The Private Residential Tenancy regime provides that “it is an eviction ground that the tenant has been in rent arrears for three or more consecutive months” (Ground 12 of Schedule 3 of the Private Housing (Tenancies) (Scotland) Act 2016). There appears to have been a perception that a landlord could serve a Notice to Leave … Read More >>

Tenancy Deposit Scheme Reminder

December 9, 2019 | Laura Shields |

deposit scheme

It’s rarely in the best interests of a landlord/tenant relationship to have to move a disagreement over deposits to court proceedings. In some instances though, it is an inevitable result of a landlord not adhering to the Tenancy Deposit Schemes (Scotland) Regulations 2011. Between December 2017 and June 2019, there were over 200 cases where … Read More >>

Energy Efficiency Regulations To Come Into Force

November 19, 2019 | Nicola Caldwell |

energy efficiency regulations

The Energy Efficiency (Domestic Private Rented Property) (Scotland) Regulations 2019 are proposed to come into force on 1 April 2020. The purpose of these regulations is to tackle the the least energy-efficient properties in Scotland. These regulations outline minimum standards of energy efficiency landlords must meet for domestic private rented properties. EPCs (Energy Performance Certificates) … Read More >>

Tenancy Deposit Update – LANDLORD WARNING!!!

November 14, 2019 | Claire Mullen |

Tenancy deposit

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. The scheme is regulated by … Read More >>

Further Changes for Private Landlord Registration Regulations

July 31, 2019 | Kay Slater |

landlord registration

On 16 September 2019, The Private Landlord Registration (Information) (Scotland) Regulations 2019 came into effect, introducing a more comprehensive, rigorous application process in order to raise general awareness amongst landlords of their legal requirements and to provide better assurance to private rented sector tenants of landlord competence and compliance. In short, the regulations have changed … Read More >>

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 >>