Now more than ever, we should be asking the question: “are my affairs in order?”
In these uncertain times, it is prudent planning to consider putting a Will and Power of Attorney in place. A Will, of course, allows you to state what you wish to happen to your assets upon your death and provides your family with some comfort in knowing your affairs will be in order upon your death. A Power of Attorney, on the other hand, allows you to appoint someone to
All throughout my high school years I was asked what I wanted to do when I left, my answer was always “I’ll just go to college or university.” I left high school still undecided in what I was to do. Looking for work is always a daunting process, and I had no idea that modern apprenticeships even existed. After hours of internet research I came across the modern apprenticeship scheme. I signed up and instantly received notifications about potential interviews.
Transitioning from seeing my
On 1st May 2019, the Housing (Scotland) Act 2001 was amended to provide Registered Social Landlords (RSLs) with a mandatory ground of eviction where a tenant is criminally convicted. However, almost one year later, there remains a cloud of judicial uncertainty surrounding these cases.
Section 16(2)(aa) of the 2001 Act establishes what is effectively a two-part test for RSLs to have a “mandatory” ground for eviction:
Freedom of Information (FOI) applied to RSLs as of 11th November 2019 — but did you know that the Climate Change (Scotland) Act 2009 now also applies?
As you will be aware, RSLs are now defined as a Scottish public authority under the new FOI provisions. As the Climate Change (Scotland) Act 2009 applies to a Scottish public authority by way of the definition in the FOI Act of 2002, RSLs will now fall under the scope of the Climate Change Act. The Act
Charities may be aware that Office of the Scottish Charity Regulator (OSCR) are asking all charities to report Notifiable Events. Whilst there is no legal requirement to report an event, OSCR are keen to encourage charities to report to them when there has been a significant event which may or may not have a negative impact on an individual charity or the wider charity sector.
Types of notifiable events can be as follows:-
In the current economic climate, contractor default is even more prevalent in the construction and engineering industries. Therefore, Registered Social Landlords (RSLs) should always look to protect their position when entering into construction contracts by taking active steps to guard against the risk of potential insolvency of contractors.
This is usually done by the contractor entering into a parent company guarantee or a performance bond which acts as security for losses sustained by the developer should the contractor fail to perform its obligations under
The European Commission has released its updated public procurement thresholds that applies to Registered Social Landlords (RSLs) from 1?January 2020. Every two years, the European Commission updates the financial thresholds at which the EU Directives apply.
The Public Contracts (Scotland) Regulations 2015 set out specific procedures for awarding contracts in excess of the threshold values. Generally, when the value of a contract exceeds the thresholds (see below), it is a mandatory requirement that you publish a notice in the Official Journal of the European Union
The Housing (Scotland) Act 2001 (2001 Act) allows the landlord of a Scottish Secure Tenancy to recover an abandoned property without the need for court proceedings. Section 17, 18 and 19 of the 2001 Act deal with this procedure.
The procedure can only be applied where the landlord has reasonable grounds for believing that:
To ascertain if this is the position the Housing Association should carry out diligent inquiries and retain a
You have studied hard, attained your law degree and you are finally ready to be a Trainee Solicitor. Now, all that is left to do is to find a traineeship! But, how exactly do you do that?
Importantly, the answer to this is not the same for everyone. For some, the answer is more straightforward than others. They may have always have dreamt of being a high-flying Commercial Solicitor and know that this is what they intend to pursue. For others, they may fancy themselves
Choosing who you wish to implement the terms of your Will can be a difficult decision. After all, this is the person you will trust to ensure that your estate is administered according to your wishes. An executor is a person who is appointed by someone who is making a Will (also known as the testator) to carry out their instructions as set out in their Will.
If you have been appointed as an executor, several considerations should be borne in mind. Firstly, as an
When proprietors within a tenement instruct a repair by dint of a Scheme Decision made in terms of the Tenement Management Scheme (Schedule 1 to the Tenement (Scotland) Act 2004) any owner in such a tenement can, if they wish, arrange for the repair and then look to the other owners for a contribution to the cost.
In mixed tenure tenements where there are privately owned flats and units let in terms of affordable tenancies (social tenancies) a social landlord might find themselves in such
At TC Young, we offer modern apprentice opportunities in all of our offices. We have worked with school leavers for a number of years (before it was called a modern apprenticeship) and it is a recruitment method that we feel offers excellent training for school leavers. It is also a relationship that we continue to benefit from with individuals receiving training in different areas of the business.
A long time ago ?? we had a plan:
Trainee recruitment is a part of my job I really enjoy. I love meeting new people and trying to find someone that I think will bring an extra dimension, while assessing whether they will work well alongside the existing team.
Our latest search for a trainee produced nearly 100 applicants. But of that 100, how do we whittle them down?
First of all we decide what our key criteria will be. That will vary each year depending on the priorities we place on certain skills,
As TC Young starts looking for another trainee, I thought some candidates may welcome some tips for completing a trainee application form before pushing the send button ?
A limited liability company is a popular choice when considering business models. It has relatively small costs to set up and get going. However, the essential requirements can appear daunting.
This guide outlines the key elements below and gives sources that are available for support.
Articles of Association
These are the building blocks of your company. They state how important functions will operate e.g. Directors powers. Model Articles are available on the Government's website that cover all of the basic functions. However, they may not
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 2017 (the Act) came into force on 26 February 2018.
The Act makes a number of changes to how third party rights in Scotland work. This blog gives a
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 or buildings with a floor area over 1000 square metres, which do not comply with the 2002 Scottish Building Standards. The trigger for requiring an Action Plan is upon the
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 relation to a lease was made to Revenue Scotland in terms of the LBTT regime, i.e. after 1st April 2015, tenants under those leases require to remember
In Scotland, if you have raised a court action against another person for recovery of a sum of money then you are known as the "Pursuer" and the person you have taken to court becomes known as the "Defender". What does the re-introduction of "Pursuers" offers in Scotland mean for settlements?
Defenders in court actions have been able to take advantage of formal offers of settlement for some time, offers known as "tenders". However, as of 3rd April 2017, Pursuers are able to make
A retired senior judge in England issued a warning yesterday over the risks of granting a power of attorney via an article on the BBC news website and on BBC Radio 2.
Our advice to anyone holding a Power of Attorney in Scotland, or considering granting one. Don't panic!
The Scottish system of granting a Power of Attorney differs from England.
Most Powers of Attorney in Scotland are drafted by solicitors following specific instructions from their client, offering an additional level of protection. Solicitors
An article from The Telegraph details plans to revolutionise the "outdated" system for having a Will made and suggests allowing new ways to provide Will instructions for your death such as notes, voicemail's, emails and texts.
The current system
A valid Will is signed on all pages by the testator (the person who's Will it is) before an adult independent witness who signs on the last page only. Changes to a Will can be made by either doing a new will or something called a
It has now been over a year since the introduction of the Additional Dwelling Supplement which came into force on 1 April 2016.
The Additional Dwelling Supplement (ADS) is an additional amount of Land and Buildings Transaction Tax (LBTT). The current rate of ADS is 3% on the full purchase price and applies to purchases of:-
This week is dementia awareness week in Scotland, culminating on Friday with Alzheimer Scotland's flagship annual conference in Edinburgh, where T C Young will be in attendance. There has also been additional press coverage in the last few weeks from politicians as they gear up for the General Election. Rather than kissing babies, it is the older generation who are being thrust into the spotlight as the various parties deliver their strategies for dealing with an aging population.
We pride ourselves on having a number
Our earlier blog on Wills spoke of the need for getting professional advice and not relying on a DIY Will. There is a document, however, which we would actively encourage you to DIY and that is a Letter of Wishes. A Letter of Wishes is often stored alongside Wills, and can act as a guide to your executors and trustees as to how the instructions in your Will should be implemented.
They are unlikely to include legal jargon, and will convey the feelings of
We were approached by a housing association client who wanted to help a vulnerable adult to remain living in his deceased parent?s home. Otherwise there would be no option but for the adult to go into care, leaving the home he was comfortable in.
The housing association agreed to purchase a share, just under 50%, of the property in question and entered into an Occupancy Agreement with both the Trustees under the late mother's Will Trust and also with the representatives of the son. This
Registers of Scotland (RoS) recently released their Annual Market Review 2016 detailing activity in the Scottish residential property market for that year. So what's the latest news for the Scottish Property Market?
The key points highlighted in this report are:
Taking
Top Tips for selling your property in Edinburgh
Buying your first home is an exciting prospect. In the past few years less people have been able to realise their dream of getting on the property ladder due to lack of sufficient mortgage availability, job uncertainty and the rise in property prices in many areas, particularly in Edinburgh and Glasgow. However the market is now picking up again - what advice for first time buyers should you be looking for?
If you are thinking of purchasing a property one of the first things you
It's inevitable that we will attempt some form of DIY in our lives. In many circumstances there will be that temptation to 'give it a go' whilst thoughts of "what's the worst that can happen?" run through our head but this can often end in disaster. A wobbly shelf or badly painted wall is one thing; but not leaving your hard earned money and possessions to who you want to is another. While on the topic of DIY, we are often asked - can I
The Procurement Reform (Scotland) Act 2014 requires all public bodies (including RSLs) to publish a procurement strategy, where their expenditure on regulated procurements for the next financial year will be at least 5m. All eligible public bodies were required to publish their first strategy by 31 December 2016. Public bodies must also notify the Scottish Government of the publication of their strategies.
The Act provides for the matters which must be covered by a procurement strategy, which include:
Under the Data Protection Act, employees can ask to see any personal data about them that their employers hold. These are?called a Subject Access Requests (SAR), and can create potential legal problems for employers. What are the risks around SARs? And how employers should handle them?
The Risks
A SAR will likely be time-consuming and costly to an employer. They may need to look through a lot of data in order to find all of the information required.
SAR?s can also be risky for employers
2016 has been a mixed year for property purchasers and sellers in Edinburgh and the Lothians. What are the current Edinburgh property market conditions? Some sellers have done very well in terms of attracting interest in their properties and achieving prices over their asking prices and home report values; but not everyone has benefited from what, generally speaking, was a positive year on the property market. The main problem for buyers and sellers is a lack of real choice on the market. Most people have
On 22 April 2016, further legislation augmenting and transforming rights and responsibilities governing land ownership in Scotland entered into force. Furthering the Scottish Government's aim of bringing an intended million acres of land into community ownership, the Land Reform (Scotland) Act 2016 makes further provisions designed to engage communities in decision making and facilitate community ownership. How can Scottish Land Fund help community ownership?
The Scottish Government have announced that the Scottish Land Fund will continue until 2020 and have trebled support to £10 million
In Scotland, prescription is the law that regulates the period in which parties can pursue claims. If I was raising a court action - how long have I got?
Most claims in law prescribe after five years, which means that a party wishing to make a claim after that five year period may be prohibited from successfully raising that claim.
There are certain other categories of claim to which specific periods apply, such as product liability, defamation and harassment.
The purpose of allowing this period
Following the recent signing of the CETA free trade deal between the EU and Canada, many are asking what the UK has in store in relation to trade and, specifically, public procurement rules, upon withdrawal from the EU.
The public procurement rules which apply in Scotland come from the EU Procurement Directive therefore, once the UK has left the EU, does this mean the end for public procurement law in this country?
The possible scenarios for the UK?s exit from the EU include:
There were three significant changes to Judicial Review procedures brought in to effect by the Courts Reform (Scotland) Act 2014. The 2014 Act made provision for wide-ranging reforms to the Scottish civil courts system in Scotland, as well as important reforms to the court procedure associated with judicial review in relation to time bar, permission to raise Judicial Review proceedings and the requirement to "front load" applications for Judicial Review.
Time bar
It is now a requirement that applications for judicial review are made
What do you need to know about the Uber Employment Tribunal Case and how will this affect employment rights?
In a landmark decision, an Employment Tribunal has held that Uber, popular smart-phone taxi app, must treat its drivers as 'workers' opposed to self-employed. This gives Uber drivers a range of employment rights whilst placing obligations on Uber to uphold these. However, this case is likely to have wide reaching implications. This blog will look at the key facts of the Uber case and tell
If you are considering making alterations to your property it is important to make sure that you have all necessary permissions before getting started.
Depending on what you are planning to do, you may need Planning Permission, a Building Warrant and/or Listed Building Consent from your local authority. Your architect can assist with this and with the completion of any necessary application forms.
Some alterations can be carried out as "permitted development" and therefore do not need permission but it is always best to check
A power of Attorney is something often associated with the elderly and young people may ask - why would I need a power of attorney? However this important legal document is something everyone should consider putting in place. Accidents or illness can, unfortunately, occur at any age and granting Power of Attorney can ensure that someone you trust is able to manage your affairs and make important decisions about your health and well being if something was to happen to you in the future. In
You may be aware of the Office of the Scottish Charity Regulator (OSCR) updates that involved a request for all charities to report Notifiable Events. Whilst there is no legal requirement to report an event, OSCR are keen to encourage charities to report to them when there has been a significant event which may or may not have a negative impact on an individual charity or the wider charity sector.
Types of notifiable events can be as follows:-
You may be aware of developments requiring all UK private companies, including companies limited by guarantee and UK LLPs, to keep a Person of Significant Control (PSC) Register.
This has been introduced by the Small Business, Enterprise and Employment Act 2015 to increase corporate transparency by creating a full picture of the ownership of businesses.
Registered Social Landlord (RSL) - Co-operative and Community Benefit Society
Most RSLs are societies registered under the Co-operative and Community Benefit Societies Act 2014 (formerly the Industrial and Provident Societies
Earlier this month a Scottish letting agent pled guilty to an offence under the Consumer Protection from Unfair Trading Regulations 2008. What was perhaps surprising was that the ?offence? committed by the letting agents was the failure to lodge deposits with an approved tenancy deposit scheme on behalf one of their landlord clients.
In terms of the Tenancy Deposit Scheme (Scotland) Regulations 2011, a landlord has a duty to pay any deposit received from a tenant into an approved tenancy deposit scheme within 30 working
Notwithstanding the recent Brexit vote, the European Convention on Human Rights (EHCR) remains part of our law at least for now. It's impact on the social rented sector has been clear since the decision of the Supreme Court in Manchester City Council v Pinnock [2010] CSIH 78 (particularly Article 8: the right to respect to respect for private and family life). In short, in social rented eviction cases, the courts are required to balance the rights of the parties facing eviction and consider whether granting
In a year that has seen headlines dominated by strikes of junior doctors and Scotrail staff, the introduction of the Trade Union Act 2016, is likely to be of great interest to both employers and employees. The Trade Union Act 2016 (TUA), which is expected to come into force throughout the year, incorporates a number of changes for the Trade Union regime throughout the U.K.
The Key Changes
Balloting
Before industrial action can take place, a Trade Union must ballot its members. Members will cast
Trying to decide which career path to go down towards the end of my time at school was a difficult and somewhat daunting process, as is the case for a lot of school leavers. The decision lies between further education, such as college and university, or to go straight into the big bad world and get a job. I know first-hand how hard a choice this can be. I found the idea of further education very appealing however I wanted to be earning money. I
On Friday the 24th June 2016 the country woke up to the news that the majority of voters in the United Kingdom had voted to leave the European Union. Whilst the implications of this referendum will be far reaching, the question on a number of people?s lips is how will Brexit affect employment law?
The UK will continue to remain a member of the EU until there is agreement on when we will leave. However, there are a number of employment issues that are
Solicitors, healthcare and social work professionals, and others need to be aware of the major changes in practice required to ensure compliance with the UN Convention on the Rights of Persons with Disabilities. They must apply these changes now, within the framework of existing legislation, pending upgrading of the UK's adult incapacity and mental capacity legislation. The UK ratified the Convention without reservation in 2009. The UK also ratified the Optional Protocol to the Convention, allowing citizens who claim to be victims of breach of
In February of this year I began my Modern Apprenticeship with TC Young in Edinburgh. I am an Admin Assistant within the Property Department and the tasks I carry out as a modern apprentice can differ day to day. Some of the duties are:
People with intellectual disabilities are promised the same rights to control their own lives as everyone else by the UN Convention on the Rights of Persons with Disabilities. They are also promised the support needed to make this a reality. Supported decision-making is one way of doing that. Co-decision-making is another. But how can these be arranged in practice?
Your abilities to assert and achieve what you want may already be limited, or may become less in future. How can you ensure that you
The Department for Business Innovation and Skill (BIS), together with the Equality and Human Rights Commission (EHRC), commissioned research exploring pregnancy and maternity related discrimination in the workplace. The research involved interviews with over 3,000 mothers and over 3,000 employers in Britain.
While you may not all have the time or inclination to read the full report, the information that stemmed from the research is worrying, considering rights in relation to maternity and pregnancy discrimination have been around for so long.
Some of the key