Anyone accepting the role of an Attorney is accepting a position of trust.  You have been appointed by the granter of the Power of Attorney (POA) to effectively step in their shoes and make decisions on their behalf when they can no longer do so themselves.  If called upon to take up the role as Attorney any action or decision you take must comply with the guiding principles of the Adults with Incapacity (Scotland) Act 2000:

1. Any action must benefit the granter of the POA;

Scotland’s trust law is over 100 years old and is to be updated to bring it in line with modern practices.

The Trust and Succession (Scotland) Bill is currently working its way through the Scottish Parliament. There are 3 stages towards turning a bill into an Act:

1. Introduction – the bill is proposed and consultation takes place; Parliament then decides if the Bill is to be rejected or can proceed to stage 2.
2. Amendments – where proposed amendments are debated and provided by MSPs with

The First Tier Tribunal for Scotland (Housing and Property Chamber) is the forum for disputes between landlords and tenants in the private rented sector. The Tribunal has the power to grant eviction and payment orders, enabling landlords to recover their properties and obtain payment of rent arrears or tenancy debts.

At TC Young Solicitors, we act solely for landlords and letting agents, providing guidance through this time consuming and complex process. We ensure from the outset that landlords have a clear outline of their options

On 26 October 2023, the Economic Crime and Corporate Transparency Act received Royal Assent.   The Act has been put in place to tackle money laundering in the UK.  There are major changes coming to Companies House in terms of the Act, which will change Companies House role from a recipient of information to a more active gatekeeper in the fight against financial crime.

Over the last few months, we have been producing a series of blogs to highlight the forthcoming reforms that the new Act will bring

The recruitment of volunteer Committee Members can be challenging for a number of RSLs and, whilst our RSL clients are keen to encourage a wide range of interested individuals onto their Committee, an individual’s ability to become a Committee Member (being a member of the Committee of Management) is not absolute. Most RSLs adopt the Scottish Federation for Housing Associations (SFHA) Charitable Model Rules which state that an individual will not be eligible to be elected or appointed to an RSL’s Committee of Management where:

It is not uncommon for landlords and tenants to enter various tenancy agreements in respect of the same property, especially where the tenant has been in occupation for a number of years. Both parties may well have had good intentions, but signing subsequent agreements can have unintended or unforeseen consequences.

A recent decision of the Upper Tribunal has clarified in which circumstances parties signing a new agreement will constitute renunciation of the earlier lease.

In McCallum v Wright (2023 UT 25), Mr McCallum had occupied

Where a Scottish public authority (including Registered Social Landlords (RSLs)) receives a Freedom of Information (FOI) request relating to one of their ‘FOI functions’; such information must be provided, except where an exemption applies under The Freedom of Information (Scotland) Act 2002 (FOISA). FOI requests often contain elements of third-party personal data, meaning that RSLs must consider their legal obligations under FOISA, together with the UK GDPR and the Data Protection Act 2018 (DPA).

Section 38(1) of FOISA provides for exemptions of personal

When a child order, such as a Child Arrangement Order, Special Guardianship Order or a Specific Steps Order, is granted in England or Wales in respect of a child who then moves to, or is relocated within Scotland, how is the order of the English or Welsh Court registered in Scotland?

This is a question which is often asked of our Court of Session Agents. We are experienced in successfully assisting agents from English and Welsh jurisdictions in having orders registered. Our Court of Session

There are many circumstances in which a party may wish for a private limited company to be restored to the Register of Companies (“the Register”). One such example could be where the title to a property is held in the name of a dissolved company and that title requires to be transferred. In that circumstance, the company would require to be restored to the Register before the title could be transferred. Other examples could include where there are other assets which are held by the

The Scottish Parliament has this week approved legislation to extend the Cost of Living (Tenant Protection) (Scotland) Act 2022 (“COLA”) for a second time, meaning the legislation now remains in place until 31st March 2024.

This blog will summarise what the latest extension means for the private rented sector.

The eviction moratorium remains in place. This means that private landlords are still able to serve notice on their tenant and raise eviction proceedings. However, enforcement of eviction orders granted by the Tribunal under specific grounds

Introduction

The recent Sheriff Court case of Riley v Student Housing Company provides helpful clarification on data controller requirements in terms of GDPR regulations.

Background
The Pursuer was a former employee of the Defender. Another employee, Mr Adamson raised employment tribunal proceedings against the Defender. Mr Adamson made allegations that the Pursuer had verbally abused him during the course of his employment.

The tribunal decision in favour of Mr Adamson was widely reported in the media. The Sun newspaper personally named the Pursuer within their

Deadline for existing host/operator applications: 1 October 2023

 The mandatory licensing scheme for short term let properties commenced on 1 October 2022 in Scotland.

After 1 October 2022, new operators of short-term let accommodation required to have a licence before taking any bookings or receiving guests.

 Existing hosts or operators (operating before 1 October 2022) were permitted further time to apply for a licence.  However, they are only permitted to continue to accept bookings and receive guests while their application is being determined

This is the question that faced judges in the Inner House of the Court of Session recently in the case of Kirkwood v Thelem Assurance [2023] CSIH 30.

Dr Kirkwood had been injured by a motorist while she was on Holiday in France in 2015. She raised an action for compensation in the Court of Session in Edinburgh against the motorist’s insurer. She instructed an English firm of solicitors to represent her, who in turn instructed a Scottish firm to assist as local agents.

Powers of Attorney are often associated with the elderly and younger adults may ask – why would I need a Power of Attorney? Powers of Attorney are important legal documents that everyone, regardless of age, should consider putting in place now, as a safety net for the future. Unfortunately accidents or illness can occur at any age - granting a Power of Attorney ensures that someone you trust is able to manage your affairs and make important decisions about your health and wellbeing if something

At the time of issuing this blog, the Economic Crime and Corporate Transparency Bill is still progressing its way through Parliament and is currently at the 3^rd reading in the House of Lords.

To reiterate information from our earlier blog on this subject (which can be found here - Companies House Reforms - Verification of Directors and PSCs), this Bill has been proposed to tackle money laundering in the UK, which is costing more than £100 billion each year.  There are major changes coming

Continuation of Rent Cap and Eviction Moratorium 

On 1st June 2023, Scottish Ministers published plans to extend the Cost of Living (Tenant Protection) (Scotland) Act 2023.  The publication can be found here Plans to extend protections for tenants - gov.scot (www.gov.scot)

Additionally, Scottish Ministers published the draft regulations which, if approved by the Scottish Parliament, will give effect to these plans by extending the eviction moratorium in both the social and private rented sector to 31st March 2024. 

The Regulations can be found here. The

Taking effect from 16^th December 2022, the rate of Additional Dwelling Supplement (ADS) tax increased from 4% to 6%.

This is often known as “the second home tax”, where it accounts for the full purchase price of a “second home”.

Here is a brief reminder of the general rules in relation to this tax.

What is Additional Dwelling Supplement (ADS) tax and when does it apply?

Additional Dwelling Supplement (ADS) tax is an additional amount of Land and Building Transaction Tax (LBTT)

Scots Law has always had problems in providing creditors with fixed security (i.e. a security ranking prior to all other claims) over assets other than land. Examples include:

• Security over physical assets such as vehicles, plant machinery and stock (corporeal movables).
• Security over intangible assets such as intellectual property rights and shares (incorporeal movables).
• Security over obligations by third parties to the borrower - primarily, through trade credit (claims).

That is because:

a) Physical assets can only be secured if they are in the creditor’s

The Charities (Regulation and Administration) (Scotland) Bill is designed to provide a series of practical improvements to problems which have arisen since the coming into force of the Charities and Trustee Investment (Scotland) Act 2005.

Key changes are:

Information held by OSCR

A criticism often been levelled at Scottish charity legislation is the paucity of publicly available information on the OSCR website. The Bill proposes to remedy this by requiring OSCR to make publicly available:

a) Statements of accounts for all charities together with independent

Private Sector Tenancy Update

Following publication of the draft Regulations, our earlier blog discussed the expected continuation of the rent cap and eviction moratorium, which have been in place since October 2022.

Last week, the Scottish Parliament passed the Cost of Living (Tenant Protection) (Scotland) Act 2022 (Amendment of Expiry Dates and Rent Cap Modification) Regulations 2023 which will take effect from 1^st April 2023.

Therefore, it is now confirmed the eviction moratorium (in both the social and private rented sector) will remain in

More and more individuals’ estates are being subject to an Inheritance Tax liability. In fact, HMRC figures show £6.1 billion was collected in Inheritance Tax over the last financial year - an increase of 14% from 2020/2021. So, how do you plan early to alleviate your family’s worries after you pass away?

The starting point is you being aware of your available Inheritance Tax allowances.  With rising property values this blog will focus on the availability of the Residence Nil Rate Band (RNRB).

What

The start of a new year is always a busy time for Family Lawyers dealing with divorce matters.  This year 9 January 2023 was even deemed as “Divorce Day”.  If you are thinking about divorce then you should seriously consider speaking to a family lawyer. 

GROUNDS OF DIVORCE

A family solicitor will explain the grounds for divorce and whether you can raise a divorce action.  The grounds of divorce in Scotland are:

1. 1 year separation with the consent of your husband or wife or
2. 2

In 2019 the Housing (Scotland) Act 2006 (Modification of the Repairing Standard) Regulations 2019 took effect. 

See our earlier blog: Changes to the Repairing Standard for a summary of the changes that came in to force on 1 March 2019

Further changes are set to take effect on 1 March 2024.  The following will become requirements of the Repairing Standard:

• A requirement to have safely accessible food storage and preparation space
• The heating installations will be amended to require that there is a fixed heating system
• Flats,

Scottish Ministers have published the draft regulations which will extend the eviction moratorium in both the social and private rented sector to 30 September 2023. 

The Regulations can be found here.

https://www.legislation.gov.uk/sdsi/2023/9780111056417

Landlords remain entitled to serve notice and raise eviction proceedings. The moratorium only delays the enforcement of eviction orders granted on particular grounds. There remains a number of grounds that are exempt from the moratorium. 

Rent Cap

Further, these draft Regulations extend the rent cap in the private rented sector.  From 1 April

We are often asked by clients for advice on debt recovery. Obtaining a Payment Decree from the Court (or Order for Payment from the First-tier Tribunal Housing and Property Chamber) might be the first step. Once a Decree is granted, it is a matter for the creditor to pursue the debtor until money is actually recovered.

Earnings arrestments tend to be more successful than bank arrestments, due to uncertainty as to what funds might be in the debtor’s account on any given date.

With an

The Economic Crime and Corporate Transparency Bill is progressing its way through Parliament and is at the report stage in the House of Lords.   This Bill has been proposed to tackle money laundering in the UK, which is costing more than £100 billion each year.  There are major changes coming to Companies House in terms of the Bill, which will change Companies House role from a recipient of information to a more active gatekeeper in the fight against financial crime.

The changes will affect all UK

In England when an adult lacks capacity to make decisions for themselves, someone on their behalf can make an application to the Court of Protection in England, for a decision to be made about the incapable person’s welfare and/or finances.  A Deputy may then to be appointed by the Court.  The Deputy acts as the incapable adult’s decision maker. 

In certain circumstances, the Deputy may be granted powers to relocate the Adult to Scotland if they believe it is in the Adult’s best interests.

The

A recent decision involving the EU General Data Protection Regulation (GDPR) in Poland has highlighted the increased responsibilities on organisations to protect any personal data that they hold on behalf of individuals. This case highlighted in particular the necessity of having a written contract in place covering certain data protection matters where one organisation is processing personal data on behalf of another.

The circumstances of this case involved an organisation - acting in the capacity of a data controller, passing data onto another organisation -

Two consultations are currently underway at the moment, both with an aim to enhance and improve Freedom of Information (FOI) legislation in Scotland. The first is from the Scottish Government who are currently seeking views on FOI in its consultation on access to information rights in Scotland, and the second consultation involves a proposal for a Private Member’s Bill to reform FOI. As RSLs are subject to certain FOI laws, you should be aware of these consultations and the opportunity you have to express your

The Scottish government have published (19/01/2022) the formal regulations which will lead to the expiry of the “rent cap” in the social rented sector.

The Regulations can be found here
https://www.legislation.gov.uk/ssi/2023/8/made

This follows the announcement last week that it would be brought to an end after agreement was reached, following discussions between the government and the housing organisations representing registered social landlords across Scotland.

The regulations indicate that the rent cap will now expire on 26 February 2023. This will allow all social landlords time

The Cost of Living (Tenant Protection) (Scotland) Act 2022

The Cost of Living (Tenant Protection) (Scotland) Act 2022 introduced an eviction moratorium (applicable to the majority of eviction grounds) in addition to a rent freeze, with increases capped at 0%. These emergency provisions applied across both the social and private sector and were to be in place until at least 31^st March 2023.

Routine reporting  is a requirement of the Act to ensure Scottish Ministers consider whether the provisions remain necessary and proportionate in

The Scottish Information Commissioner (SIC) has recently published their 2021-22 report (which can be viewed here) noting a  significant increase in FOI appeals within the past year. The appeals received during 2021-22 rose by 29% on the previous year, with an overall total of 626 appeals received throughout the year. So how exactly does the appeal process work?

The Appeal Process

When individuals are unsatisfied with the response they receive from a public authority regarding an FOI request, they have the right to have

The Cost of Living (Tenant Protection) (Scotland) Act was passed on 6th October 2022. It is the first Act of the Scottish Parliament to receive Royal Assent from King Charles III and became law on 28th October 2022. But what does it mean for landlords?

The Act was introduced to the Scottish Parliament as emergency legislation in order to protect tenants during the cost of living crisis. It introduces a rent freeze and eviction moratorium until at least March 2023, with potential for further extension

Emergency legislation introducing a rent cap and a temporary moratorium on evictions until 31 March 2023 has now become law.

The Cost of Living (Tenant Protection)(Scotland) Bill received Royal Assent on 27 October and will become law as the Cost of Living (Tenant Protection)(Scotland) Act 2022 from 28 October. 

It follows the First Minister's statement to the Scottish Parliament on 6 September in which she introduced her “Programme for Government” for the coming year.

In the programme, the Scottish Government indicated that they intended:

“

On 30 September 2022, the limit for pursuing sequestration was lowered from a minimum balance outstanding to the creditor(s) pursuing sequestration of £10,000 to £5,000.

As a result of the Covid-19 pandemic, the limit was originally increased to £10,000 to support those suffering financial hardship. A reduction in the limit for sequestration means that creditors can now use sequestration as a form of diligence for recovering debt of £5,000 or above.  

What is Sequestration?

Sequestration is the Scottish legal term for personal bankruptcy.

An individual

In September 2021, we blogged to advise Private Landlords that proposals to introduce a new licensing scheme for short-term lets would be laid before the Scottish Parliament.

On 19 January 2022, The Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022 (“Licensing Order”) was passed by the Scottish Parliament. The Licensing Order came into force on 1 March 2022.

This blog will provide an update on everything we know about the Order and how it works in practice. 

What is the Licensing Order?

On 6 September 2022, the Scottish Government announced that emergency legislation would be introduced to freeze rents and impose a temporary moratorium on evictions throughout winter in an effort to combat the cost of living crisis. The measures are expected to apply to both the Private Rented Sector (PRS) and Registered Social Landlords (RSLs) and will remain in place until 31 March 2023.

Our Court team has received a number of queries from private sector landlords in relation to the emergency legislation. Here are some

On 6 September 2022, the First Minister announced that emergency legislation would be introduced to freeze rents and impose a temporary moratorium on evictions throughout winter in an effort to combat the cost of living crisis. The measures are expected to apply to both the Private Rented Sector (PRS) and Registered Social Landlords (RSLs) and will remain in place until 31 March 2023, but could be extended.

Our Court team has received a number of queries in relation to the emergency legislation. Here are some

Knowing your rights as a Registered Social Landlord (RSL) when dealing with an abandoned property is essential to avoid any legal headaches in the future.

Perhaps your tenant has been out of contact, falling behind on their rent, and the piles of unread letters on their doorstep suggest they have abandoned the property completely.

But before you can call the locksmith and pack up any belongings here are a few things worth bearing in mind:

What Are My Rights?

The Housing (Scotland) Act 2001 (“The

We have recently been approached by a number of our Registered Social Landlord (RSL) clients whose contractors have requested uplifts on their tendered contract rates. An amendment to the contracted rates would be a modification of the contract during its term. Here we consider the procurement law implications of making changes to a contract after it has been signed.

 The Public Contracts (Scotland) Regulations 2015 provide that a modification of a public contract during its term triggers a requirement to re-procure that contract except in

Freedom of Information (FOI) was extended to apply to Registered Social Landlords (RSLs) from November 2019 through an Order made by Scottish Ministers. This means RSLs now have a legal duty to provide the public with certain information.

However, there has been uncertainty over what exactly RSLs must disclose under the Freedom of Information (Scotland) Act 2002 (FOISA).

Read more: What Does Freedom of Information Mean For RSL Procurement?

The 2019 Order extended the coverage to RSLs in relation to certain specified functions. These are

A key contractor entering into insolvency can cause major issues for Registered Social Landlords (RSLs). Steps will need to be taken to secure continuity of key services whilst also ensuring that various legal and regulatory obligations (such as public procurement and value for money) are achieved.

With corporate insolvencies in Scotland rising by 49.1% in the first quarter of 2022 compared to the same period of 2021 (with more stark rises in England and Wales), and warnings in sectors such as construction that

You’ve finally got the keys to your new home, but before you crack open the flat-pack furniture or those tins of paint, here are some tips that can save you time and money further down the line.

What does my solicitor have to do?

Your Title-

We submit the documents (namely, a Disposition and a Standard Security (if you have a mortgage)) together with appropriate application forms to Registers of Scotland to register you as the new owner.  

If title to the property is

The Coronavirus (Recovery and Reform) (Scotland) Act 2022 received royal assent this month and comes into effect on 1 October 2022.  On this date certain changes introduced to the private rented sector in response to the pandemic will become permanent.

What does this mean for Private Landlords?

Reasonableness

There will be no return to mandatory grounds for eviction.  The Tribunal will require to assess whether it is reasonable to grant the order in all eviction cases. 

The pre-action protocol

The pre-action requirements, will become permanent

“Sustainability” is now a significant factor in Registered Social Landlord's (RSLs) day-to-day business decisions and this article considers the drive towards capturing and measuring an RSL’s sustainability credentials.

The Sustainability Reporting Standard

In 2020 the Sustainability Reporting Standard for Social Housing (SRS) was drawn up by the ESG social housing working group composed of professionals from the housing and financial sector. “ESG” refers to the better inclusion of environmental, social and corporate governance factors in investment decisions” with an estimated $2.7 tn of ESG based

Please note that a practice note has been issued by the Sheriffs Principal of the six Scottish Sheriffdoms introducing guidance which will apply to all eviction actions in all sheriff courts throughout Scotland.

This new practice note takes effect from Wednesday 13 July 2022.

We would advise that we had no prior notice of this practice note nor has there been any consultation with any practitioner prior to its introduction.

Please find a link to the practice note here and this link will

Gifting property is one way clients may wish to consider when looking at reducing the value of their estate for inheritance tax purposes.

There are tax implications to consider and the rules vary according to each individual set of circumstances.  If a property is given away or sold at less than market value taxes will be payable provided the person receiving the property is a “connected person” (i.e. family members, family trusts).  The only way this does not apply is if the sale is at