Pensions and Divorce for Legal Professionals

August 1, 2013 | Dr John Pollock |

Pensions and Divorce for Legal Professionals

Guest blog by Dr John Pollock,  Pollock & Galbraith Consulting Actuaries Little in the pensions and divorce landscape has changed in recent years but there remain pitfalls for the unwary. Two key issues which are problematic are the valuation and sharing of pensions in payment and the apportionment of Cash Equivalent Values to exclude that part … Read More >>

Introduction of Employment Tribunal Fees

July 30, 2013 | Marianne |

Employment tribunal fees

29 July 2013 marks a dramatic change to employment tribunals (ET) as we have known them, with the introduction of employment tribunal fees. Under these new rules, claimants will be required to pay an upfront fee when submitting their claim to the ET and a further ‘hearing fee’ 21 days before their hearing takes place. … Read More >>

Rogue Letting Agents: Effect on Landlords

July 19, 2013 | TC Young |

Rogue letting agents

Clive Betts MP recently launched a scathing attack on “cowboy” letting agents, accusing them of ripping off both landlords and agents. His proposals for a crackdown on the industry as a whole will only be applicable to England and Wales but the Scottish Government has made it clear that letting agent regulation is high on … Read More >>

What does a Servitude mean in Scotland?

July 8, 2013 | Douglas |

What does a Servitude mean in Scotland?

To most people the word servitude conjures images of slavery, although thankfully that way of life is long gone! In Scotland, however, a servitude is a right over a piece of land (the burdened property) for the benefit of another (the benefitted property). This longstanding concept is still very much relevant today. What does that … Read More >>

Is rent in advance legal?

July 5, 2013 | TC Young |

Is rent in advance legal?

Is rent in advance legal? We blogged on the outcome of the English case of Johnson and Ors against Old, which concerned a tenant who had paid six months rent in advance. The court held that this payment of rent did not fall under the definition of a deposit. The decision was based on the … Read More >>

Divorce settlement advice – why hiding assets doesn’t pay

July 3, 2013 | Vicky |

Divorce settlement advice

If you are looking for divorce settlement advice, do you want to know why hiding assets doesn’t pay?  The law in Scotland relating to separation and divorce settlements requires a split of all property that is “matrimonial” in nature. Each spouse must openly and honestly disclose all assets held by them as at the date … Read More >>

Ensure your factoring paperwork is legal

July 1, 2013 | Christine |

Ensure your factoring paperwork is legal

As a factor, how can you ensure your factoring paperwork is legal?  Should you use deeds of conditions or a written statement of services? The establishment of the Homeowner Housing Panel (HOHP), provides a forum for homeowners to challenge whether their property manager / factor has failed to carry out their factoring duties, or breached … Read More >>

Tenant Abandonment – what is an abandoned property?

June 28, 2013 | Jim |

tenant abandonment

We are receiving a number of queries from Registered Social Landlords on tenant abandonment, asking “what is an abandoned property?” and about the procedures involved for recovering possession of abandoned properties. Section 17 of the Housing (Scotland) Act 2001 states that a social landlord may commence proceedings to recover possession of a property if they … Read More >>

Age Discrimination – it applies to ‘youngsters’ too

June 26, 2013 | Marianne |

Age Discrimination

Individuals in employment are protected against discrimination based on age under the Equality Act 2010. This includes harassment and victimisation and age discrimination can apply to youngsters too. Age harassment occurs when there is unwanted conduct related to age and this conduct has the purpose, or effect, of violating the dignity of the employee, or … Read More >>

Green Deal in Scotland – is it any good?

June 25, 2013 | Christine |

Green Deal in Scotland

The Green Deal in Scotland encourages homeowners and tenants to introduce energy saving measures to their properties.  It has been promoted as a solution to solving some of the problems which put off individuals financing energy saving improvements to their homes.   When Green Deal finance has been obtained there is no requirement to repay … Read More >>