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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 >>

Paying for Care: Deliberate Deprivation of Capital …. Or is it?

March 22, 2018 | Lynne Lind |

Paying for care: Deliberate deprivation of capital …. Or is it?

An English Local Authority has recently been criticised for refusing to pay an elderly woman’s residential care fees when it learned that she made regular cash gifts to her family after moving into a care home. They believed this to be a deliberate deprivation of capital. What is a deprivation of capital? The Local Authority … 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 >>

Changes to Third Party Rights in Scotland: What’s the Impact?

March 8, 2018 | Eileen Barr |

Changes to Third Party Rights

Generally, a contract only gives rights and obligations to the people that are a party to it. However, there are circumstances where contracts can create third party rights. In Scotland, these ‘third party rights’ were often criticised as the law around them was unclear and inflexible. To change this the Contract (Third Party Rights) (Scotland) Act … Read More >>

Less Action, More Waiting? Are Action Plans tackling our targets?

March 6, 2018 | Rachel Munro |

Less Action, More Waiting? Are Action Plans tackling our targets?

What is an Action Plan? The Assessment of the Energy Performance of Non-Domestic Buildings (Scotland) Regulations 2016 created a somewhat advanced form of an Energy Performance Certificate, known as both a section 63 Assessment but more commonly known as an Action Plan. When do you need an Action Plan? Action Plans apply to non-domestic buildings … Read More >>

Land and Buildings Transaction Tax – Three Year Alert

February 8, 2018 | Christine |

Land and Buildings Transaction Tax

Land and Buildings Transaction Tax (LBTT) replaced Stamp Duty Land Tax on 1st April 2015. As well as being the duty payable on the price or consideration for the purchase of residential and commercial land and properties in Scotland, its introduction affected taxation on the grant of non residential leases. In circumstances where a return in … 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 >>

Your Will – The digital age and digital assets

January 31, 2018 | Ailidh Ballantyne |

digital assets

Is the digital era making our lives much simpler and easier? Well, not necessarily when it comes to completing your Will.  When we think about making our Will, very few of us realise that digital assets can be included. With the emergence of Bitcoin for instance, it may be that this type of cryptocurrency will … Read More >>