Category Archives: Landlords

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 | Kirstie Donnelly |

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 | 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 >>