Category Archives: Landlords

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 specific … Read More >>

Letting Agent Registration – (Less than) A Year To Go!

February 15, 2017 | TC Young |

letting agent registration

Regular readers of our blog will be aware that the Housing (Scotland) Act 2014 made provisions for the mandatory letting agent registration, regulation and training requirements in Scotland. The Letting Agent Registration (Scotland) Regulations 2016 were laid before the Scottish Parliament in December 2016 and will come into force on 31st January 2018. The Regulations … Read More >>

Requirement for Electrical Installation Condition Report in Scotland

November 30, 2016 | Neil Matheson |

Electrical Installation Condition Report

Landlords should be aware that the Housing (Scotland) Act 2014 introduced the requirement in Scotland for landlords to have an Electrical Installation Condition Report (EICR) carried out on all electrical installations, fixtures and fittings within their rental properties. The requirement has been in place since 1st December 2015 for any new tenancies entered into but … Read More >>

Raising a Court Action: How Long Have I got?

November 29, 2016 | admin |

raising a court action

In Scotland, prescription is the law that regulates the period in which parties can pursue claims.  If I was raising a court action – how long have I got? Most claims in law prescribe after five years, which means that a party wishing to make a claim after that five year period may be prohibited … Read More >>

The impact of ECHR on the Private Rented Sector

July 20, 2016 | TC Young |

ECHR on the Private Rented Sector

Notwithstanding the recent Brexit vote, the European Convention on Human Rights (EHCR) remains part of our law at least for now. It’s impact on the social rented sector has been clear since the decision of the Supreme Court in Manchester City Council v Pinnock [2010] CSIH 78 (particularly Article 8: the right to respect to … Read More >>

Training requirements for letting agents

April 6, 2016 | TC Young |

Training requirements for letting agents

Within the last few weeks, Scottish Ministers have advised stakeholders of their proposals for the training requirements  for letting agents to go with the Code of Practice. The training requirements will apply to the most senior person in a letting agency business (unless they have no input into the letting agency’s day-to-day running) and all persons … Read More >>

Letting agent registration and code of conduct

April 5, 2016 | TC Young |

Letting agent registration and code of conduct

Most of the headlines for the Private Rented Sector (PRS) in Scotland have been grabbed by the Private Housing (Tenancies) (Scotland) Bill, which was passed after the stage 3 debate this month and set to become an Act. However, before we get an entirely new tenancy regime for the PRS, the sector will have to … Read More >>

Private Housing (Tenancies) (Scotland) Bill

April 1, 2016 | TC Young |

Private Housing Tenancies Scotland Bill

The Private Housing (Tenancies) (Scotland) Bill was passed by the Scottish Parliament on 17th March 2016. The stated aim of the legislation is to create simpler tenancies, offer stability and security for private tenants and ensure predictability over rent increases. It also fundamentally changes the nature of the relationship between landlords and tenants from contractual … Read More >>

Training Requirements for Letting Agents under the Housing (Scotland) Act 2014

March 15, 2016 | TC Young |

Training Requirements for Letting Agents

Part 4 of the Housing (Scotland) Act 2014 makes provision for the registration, regulation and training requirements for letting agents in Scotland. The provisions include a mandatory register of letting agents with an associated ‘fit and proper’ person test, training requirements, a code of practice to which all letting agents must adhere and enforcement through … Read More >>