Category Archives: Landlords

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 will be aware that under the Private Housing (Tenancies)(Scotland) Act 2016, all new … 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 Private Residential Tenancy in Scotland

October 3, 2017 | Claire Mullen |

new private residential tenancy

The Private Housing (Tenancies) (Scotland) Act 2016 came into force on 1st December 2017. It introduced the new Private Residential Tenancy which replaced Assured and Short Assured Tenancies in Scotland from that date. Existing Assured and Short Assured tenancies will continue unaffected. The new Private Residential Tenancy (PRT) offers significant security of tenure to tenants. … 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) introduced a new type … Read More >>

Tenancy Deposits Scotland – Frequently Asked Questions

July 10, 2017 | TC Young |

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 >>