Reinforced autoclaved aerated concrete (RAAC) is a lightweight material that was used between the 1950s and 1990s, predominantly in the construction of flat roof sections but also in floors and walls.  This material has a limited lifespan of around 30 years and has been found to be susceptible to structural failure particularly when exposed to moisture. RAAC panels were often coated with bitumen or similar moisture retardant substances but the concrete beneath this coating layer can still be compromised and the Health and Safety Executive

Force majeure clauses which relieve a party from performing its obligations under a contract during the occurrence of an extraordinary event beyond the control of the parties such as war, riot or sudden legal change (Force Majeure Event) have for many years been a perennial feature of construction, and often other services, contracts.  

Whilst precise terms vary, force majeure relief usually applies where a Force Majeure Event has occurred despite parties using reasonable endeavours to prevent the Force Majeure Event from affecting contract performance

TC Young are delighted to announce that Nina Derrin, Associate in the firms Edinburgh office, has recently attained accreditation with the Law Society of Scotland as a Family Law Mediator.

Family mediation accreditation from the Law Society of Scotland is only granted once a solicitor has undertaken and completed the required rigorous training and has been assessed by a Panel of mediation experts. This accreditation compliments Nina’s recent appointment to the list of Child Welfare Reporters in the Sheriffdom of Lothian and Borders.

Mediation is

Whilst in practice it is still relatively rare for directors to face personal liability – its potential should not be ignored. Examples of where personal liability may arise include the following:

Fraudulent/Wrongful Trading

Under the Insolvency Act 1986:

A director is liable for trading for a fraudulent purpose or for money or property that has been misapplied and may be liable for debts of a liquidated company if the director knew or ought to have concluded that there was no reasonable prospect of the company

There have been a number of recent appeal decisions from the Upper Tribunal dealing with the issue of ‘reasonableness’ when considering whether an eviction order should be granted.

In one decision, Sheriff Collins, KC, in a case where the tenant had put forward no “defence” emphasised that the granting of an eviction order is still a matter for the Tribunal’s discretion. Obtaining an order is not ‘automatic’ even in an undefended case.

He stated that  “The question of whether it is reasonable or not

The Housing (Scotland) Bill: An Initial Overview
After much anticipation, the new Housing (Scotland) Bill was published in March. The Bill is set out in 7 parts, and we will be issuing further updates on each of those parts in due course – the devil is certainly in the detail (or potentially lack of detail) in this Bill.

The 7 parts – and the main takeaway(s) from each - consist of:

a.  Rent Controls – rent control areas and restrictions on rent increases;

b.  Eviction –

TC Young are delighted to announce that Evelyn Wallace, Associate, has recently attained accreditation with the Law Society of Scotland as a Family Law Mediator.

Family mediation accreditation from the Law Society of Scotland is only granted once a solicitor has undertaken and completed the required rigorous training and has been assessed by a Panel of mediation experts. This accreditation complements Evelyn’s achievement last year in becoming accredited in trauma informed practice.

Mediation is a voluntary process which aims to provide disputing parties the

There have been two registers operating for land in Scotland for some time. The older Sasine Register is a deed-based register which relies on descriptions contained in the title deeds themselves, often with no reference to a plan to identify the extent of any land, and property registered.

The Land Registration (Scotland) Act 1979 introduced a new map-based Land Register in 1981 which plots the extent of any individual title on a digital cadastral map of Scotland. The cadastral map is itself based upon the

When does my organisation need a DPIA?

Registered Social Landlords (RSLs), as well as other organisations are subject to the UK General Data Protection Regulation (GDPR), and Article 35(1) requires that a Data Protection Impact Assessment (DPIA) should be undertaken before beginning any type of processing which is 'likely to result in a high risk.' This means that you will have to consider, prior to conducting a DPIA, several factors which might have potential for a widespread or serious impact on the individuals whose personal

TC Young are delighted to Announce that Neil Matheson was awarded Associate of the Year at the inaugural Scottish Professional Awards on Friday evening.

These awards shine a spotlight on the Professional and Business Services (PBS) sector which covers a range of diverse knowledge-intensive industries which provide specialised support to businesses.

Senior Associate within TC Young’s Litigation Department, Neil heads up the Dispute Resolution team within the department. His role is varied and involves balancing supervision of younger solicitors, as well as managing his own

Social landlords will regularly be faced with anti-social behaviour (ASB) by tenants. This article outlines some options to tackle ASB, where internal policies have been exhausted and there has been no improvement in the tenant’s behaviour.  

Anti-Social Behaviour Orders (ASBO)

An Anti-Social Behaviour Order (ASBO) is a preventative measure that can be taken to stop a tenant from behaving anti-socially.

You can raise a Summary Application for an ASBO against anyone over the age of 12. An ASBO is a Civil Order granted by

As part of our continued growth, TC Young is delighted to announce the promotion of 2 key staff members.

Eileen Barr has been promoted to the position of Senior Associate within the firms Glasgow Projects & Third Sector team.

Eileen joined the firm as a Trainee in 2016. Since qualifying in 2018, Eileen has established herself as an integral member of our Projects & Third Sector team, providing invaluable advice to the firms RSL & commercial clients.

Sarah Jamieson takes up the position of Senior

On 1^st November 2023 the Scottish Government published its proposals to reform external wall cladding and improve fire safety in blocks of flats which measure or exceed 11 metres in height. The Local Government, Housing and Planning Committee invited views from the public through a Consultation. This recently closed and the Bill has progressed to Stage 2. A meeting is scheduled for 23^rd April 2024 to discuss proposed amendments. The Scottish Government’s stated ambition post Grenfell is to bring forward legislation to “reduce

Award winning, multi service law firm, TC Young, is pleased to announce it has been awarded the prestigious We Invest in People Gold accreditation from Investors in People.

Founded in 1841, TC Young has a long and storied history in the Scottish legal sector. Today, from its Glasgow & Edinburgh bases, it represents clients across Scotland, specialising in Private Client, Residential Conveyancing, Dispute Resolution, Family Law and a renowned Registered Social Landlords practice.

TC Young has been committed to Investors In People accreditation since 1997.

Protective orders are often referred to as restraining orders. The current Civil protective orders are an Interdict and a Non Harassment Order.

Interdict
An Interdict is to prevent another person from doing something illegal towards you. This could be for example verbally abusing you, physically assaulting you or destroying or vandalising your property. A Power of Arrest can be attached to an Interdict. This means that if the person ignores the Interdict and acts illegally towards you then you can telephone the Police and the

At the end of this month, the eviction moratorium introduced by the Cost of Living (Tenant Protection) (Scotland) Act 2022 (the 2022 Act) will come to an end.  But what is the practical impact for private landlords?

Since its introduction in October 2022, the eviction moratorium has not "banned" evictions. Instead, it has operated to delay the enforcement of the majority of eviction orders for six months. Eviction on certain grounds (such as anti-social behaviour or significant rent arrears) have remained enforceable in the usual

Can I keep driving my car after rejecting it under the Consumer Rights Act 2015?

This was the issue facing the court in a recent in a recent case we were instructed to act on behalf of the successful appellant - Alan King v Black Horse Limited [2024] CSIH 3. Found here.

Mr King had claimed his car was faulty after purchase and intimated his rejection of the car because of these faults. After the rejection of the car, Mr King continued to

Are you a charity? Are you aware of the changes which are coming into force as of 1 April 2024?

As from 1 April 2024, various elements of the Charities (Regulation and Administration) (Scotland) Act 2023 will be coming into force and will include:

• OSCRs increased inquiry powers;
• OSCR being able to remove charities that fail to submit accounts and fail to communicate with OSCR; and
• OSCR refusing a charitable application where there is no clear connection to Scotland.

 A brief summary of these

On 13 February the Scottish Housing Regulator (SHR) published its new Regulatory Framework which will apply from 1 April this year. The new Frameworks publication follows a consultation with key stakeholders undertaken by SHR.

Much of the existing Regulatory Framework has been retained. However, some key differences include:

• Annual Assurance Statement: SHR has introduced a new provision allowing it to seek assurance on a specific issue in an RSL’s Annual Assurance Statement (AAS). They have confirmed that they will communicate any specific requirement to RSLs in

Since the Economic Crime and Corporate Transparency Act became law in October 2023, changes and processes are currently being put in place at Companies House with the first tranche of changes intended to take place as from 4 March 2024.  It should be noted that this requires secondary legislation to bring it into force however companies should be aware and ready for any changes required.

This blog is one of a series which will highlight the forthcoming reforms that the new Act will bring into