Category Archives: Social Housing

ONS Reclassification of Registered Social Landlords as Private Bodies

October 11, 2018 | Lauren |

rsl private bodies

Background In September 2016 the Office of National Statistics (ONS) announced that it was reclassifying Registered Social Landlords (RSLs) in Scotland as public non-financial bodies for the purposes of the national accounts. This was due to RSLs being subject to public sector control via the Scottish Housing Regulator’s (SHR) powers over management, constitutional change and … Read More >>

Extending Freedom of Information to the RSL Sector

June 29, 2018 | Len |

extending Freedom of information

In December 2017 Scottish Government produced their third Consultation Paper on extending Freedom of Information (FOI) to the sector with a draft Order which made both Registered Social Landlords (RSL) and RSL subsidiaries subject to FOI when carrying out “housing activities” as defined in the Housing (Scotland) Act 2010.  Responses to that Consultation are set … Read More >>

Occupiers Liability – what level of care is required?

June 21, 2018 | Christine |

occupiers liability

The Occupiers Liability (Scotland) Act 1960 has given rise to a raft of case law over the past few years. In essence, it sets out the level of care required to be demonstrated by the legal entity who occupies or controls land or premises to any third party who may access such land or premises. … Read More >>

Introduction Dates For The Housing (Scotland) Act 2014

June 6, 2018 | Jim |

Introduction of the Housing (Scotland) Act 2014

The various changes to housing management law and practice, which are contained in Housing (Scotland) Act 2014, now have dates set for their introduction. Almost 4 years after the Act received its Royal Assent, the Commencement Order for these changes has finally been published. The Act will make changes to a variety of areas. The … Read More >>

Public Contracts and the GDPR

April 25, 2018 | Eileen Barr |

Public Contracts and the GDPR

With less than a month to go before the implementation of the GDPR it is crucial that existing and future public contracts comply with the new legislation.  What will change in respect of public contracts and the GDPR? The Scottish Government has published a Policy Note on the impact the GDPR will have on public … 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 >>

The Role of the Data Protection Officer in RSLs

March 27, 2018 | Umera Rashid |

data protection officer

A Data Protection Officer (DPO) is the individual who is responsible for an organisation’s overall compliance with the GDPR (General Data Protection Regulation). The GDPR makes it mandatory for a DPO to be appointed for any organisation which is a public body. The definition of public body is taken from Freedom of Information legislation and … Read More >>

Anti-social Behaviour Case Study – court approach

March 21, 2018 | Hayley Swanson |

Anti-social Behaviour Case Study – court approach

Eviction cases based on anti-social behaviour are always difficult and although they invariably turn on their own particular facts and circumstances, it is possible to draw guidance from the approach of the Courts in previous cases. A recent example is the case of Midlothian Council v Lee Greens. This was an action for recovery of … Read More >>

What should RSLs do when a Scottish secure tenant passes away

March 9, 2018 | Jim |

Scottish secure tenant passes away

The only things in life which are certain are death and taxes. They both also cause a great deal of uncertainty in life. We are often asked, what happens to a Scottish secure tenancy when a tenant dies? What happens to the tenancy? If there is a joint tenant the tenancy will continue as a … Read More >>

Exemption for certain Heritable Securities from the ’20 Year Rule’

February 6, 2018 | Alison B |

20 year rule

The 20 Year Rule provides that a heritable security (e.g. a standard security) over a private home may be redeemed on repayment of all money advanced under the security together with interest and expenses after 20 years. This can create issues in shared equity arrangements. In 2014 Scottish Government held a consultation on exempting certain … Read More >>