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When can I get a divorce in Scotland and how long does it take?

September 7, 2011 | Lynne |

when can I get a divorce in Scotland and how long does it take

We are often asked – when can I get a divorce in Scotland and how long does it take? You can get divorced in Scotland if your marriage has broken down irretrievably. What options are open to me? If your husband or wife has committed adultery you can raise a divorce action immediately.  However, if … Read More >>

How long does an eviction action actually take in Scotland?

September 5, 2011 | TC Young |

How long does an eviction action actually take in Scotland?

Tribunal Repossession Application Timescales The answer to ‘how long does an eviction action actually take in Scotland” is much along the same lines as “how long is a piece of string?”… Obtaining an Order for Possession in Scotland is not a particularly quick process. If your application is straightforward and is not defended by your … Read More >>

Procurement Process: Challenging the Final Decision

September 2, 2011 | Lauren |

Procurement Process

Under the procurement regulations, an organisation engaged in a procurement exercise should allow a “standstill period” of 10 days to elapse between notifying the tenderers of the successful party and awarding the contract. If an unsuccessful tenderer raises a legal challenge to the procurement process during the standstill period, the organisation cannot proceed to award … Read More >>

What is a Scottish Charitable Incorporated Organisation

August 31, 2011 | Mark |

Scottish Charitable Incorporated Organisation

A Scottish Charitable Incorporated Organisation (SCIO) is a new legal body (with effect from April 2011) for charities registered in Scotland. What is a Scottish Charitable Incorporated Organisation? It is not subject to the same reporting and regulatory requirements as a company. It can enter into transactions on its own behalf, rather than by its charity trustees … Read More >>

Choosing Trustees & Executors in your Will

August 30, 2011 | Isabel |

choosing trustees & executors in your will

How do you go about choosing trustees & executors in your Will? The person or people appointed by you to administer your estate when you die are required to fulfil their role of ingathering your estate by: • paying off debts and expenses (from your funds, not theirs!) • distributing the estate in accordance with your Will or, … Read More >>

Rural Housing Burdens and Shared Equity

August 26, 2011 | Neil |

Rural Housing Burdens

Shared equity schemes including Homestake and LiFT, have become increasingly popular and some Registered Social Landlords (RSLs), and their subsidiaries who are Rural Housing Bodies, have applied a title condition called  Rural Housing Burdens (RHB) on their shared equity developments. What is a Rural Housing Burden? The official definition is: A perpetual personal right of pre-emption contained … Read More >>

Landlords – How to use the Small Claims Court in Scotland

August 24, 2011 | TC Young |

Small Claims Court in Scotland

How can landlords use the small claims court in Scotland to recover debt from a tenant? We work closely with Landlord Accreditation Scotland and one of their regular training sessions involves how to pursue a tenant for money through the courts using the small claims procedure. It’s supposed to be an easy way for people to recover … Read More >>

Should Scotland scrap home reports?

August 23, 2011 | Christine |

Should Scotland scrap home reports

Are Home Reports here to stay or should Scotland scrap Home Reports? There are grumblings amongst MSPs. The Scottish Tories want them scrapped. David McLetchie MSP, Scottish Conservative Chief Whip, said: “In the best of times, Home Reports were an expensive luxury. However, nowadays figures showing that the housing market is struggling to return to … Read More >>

Evicting Tenants for Antisocial Behaviour

August 16, 2011 | Jim |

evicting tenants for antisocial behaviour

We asked our blog readers whether a conviction for supplying Class A drugs within a social rented house (antisocial behaviour) should be made a mandatory ground for evicting a tenant.  97% of those who voted were in favour. Is evicting tenants for antisocial behaviour a good thing? In 2011, Grant Shapps, Housing Minister in the UK … Read More >>

Do I Need a Written Tenancy Agreement in Scotland?

August 12, 2011 | TC Young |

Tenancy Agreement in Scotland

Our lettings service LetLaw received a query from a landlord who asked whether it was necessary for him to have a written tenancy agreement with his tenant. The short answer is yes! Section 38 of the Housing (Scotland) Act 1988 makes it a legal requirement for a private landlord to provide a tenant with a written … Read More >>