You have been appointed as a Continuing (financial) Attorney and now need to trigger the powers granted to you.
It is all change right now in the world of repairs for private landlords in Scotland.
We recently saw new Gas Safety Regulations come into force on 6 April 2018 and more changes have been implemented with the Housing (Scotland) Act 2006 (Modification of the Repairing Standard) Regulations 2019. Please find below a summary of the changes that came in to force on 1 March 2019.
At first glance, the changes to the repairing standard seem to look like a loosening of the requirements, particularly
As we approach 29 March there are changing levels of uncertainty around what might happen when the UK leaves the European Union, it is a good time to consider what options your business might have to take ahead of a possible Brexit.
The current position is that at 11pm on 29 March 2019 the United Kingdom will leave the E.U. This is known as the ?withdrawal date?. A European court has ruled that the UK can decide to halt the process and stay in the
Are you a Registered Social Landlord engaged in property factoring? Are your factoring practices robust and ready for upcoming changes to the Property Factor's Code of Conduct?
The Property Factors (Scotland) Act 2011 is 6 years old and created a statutory framework providing protections for homeowners who receive services from a property factor. As part of that framework, a Code of Conduct was introduced which sets minimum standards of practice for registered property factors in their business with homeowners.
The Scottish Government has been active
Earlier this month, Acas issued guidance on age discrimination and information for workplaces outlining important points for businesses to consider including steps to take to avoid age discrimination in the workplace and examples of how age discrimination might occur.
Age is one of the nine protected characteristics within the Equality Act 2010. This means that an employee is protected against discrimination because of age. It is important to remember that this discrimination doesn't only occur when a 'young person' receives better treatment than an 'older
A servitude is a right that a landowner has over neighbouring property which allows the holder of the servitude (or benefitted proprietor) to do something with another person?s property, which would not normally be allowed. Whether created by a specific grant, by reservation, or indeed through uninterrupted use for the prescriptive period of 20 years the servitude right runs with the land. Common examples include:
Servitudes were once restricted to
The recent case of Clancy Docwra Ltd v E.On Energy Solutions Ltd has highlighted the need for consistency between a contract and any additional documents appended to it.
E.On appointed Clancy Docwra as a sub-contractor to excavate trenches for the installation of an underground district heating network. They had started the works when they encountered adverse ground conditions which consisted of underground brick walls and rubble. The parties disputed what entitlement, if any, Clancy Docwra had to receiving additional costs in relation to the further
The Scottish Government has recently published updated versions of the model Private Residential Tenancy Agreement, Easy Read Notes, and Statutory Terms Supporting Notes. This update takes account of changes to data protection laws, as well as other minor edits and clarifications.
The new versions should be used going forward.
You can access the updated information at the Scottish Government's website links below.
Model Tenancy Agreement:
https://www.gov.scot/publications/scottish-government-model-private-residential-tenancy-agreement/
Easy Read Notes:
Statutory Terms Supporting Notes:
The downloadable output of the Scottish Government's model tenancy agreement
On 11 November 2019 all Scottish RSLs will become subject to Freedom of Information (FOI). This will give members of the public the right to request information that RSLs hold.
Whilst RSLs are currently required to respond to public requests for environmental information, the draft 'Order' published by the Scottish Government on 08 February will mean that RSLs (and in some cases their subsidiaries) need to provide a wide range of information if requested, subject to that Order being approved by parliament. This is
So the day is finally here; you've worked hard, made years of payments and now you've got that all important letter from the bank/lender confirming that you have fully paid off your mortgage. So pop open the champagne, enjoy the moment and have a think about how you are going to spend that extra money each month. But wait, you notice on the letter there's something about discharging the mortgage, what does this mean?
The concept is fairly simple, when you use a mortgage to
Registered Social Landlords (RSLs) are entitled to terminate a Scottish Secure Tenancy and recover the property where a tenant (or someone residing with or visiting them) has been convicted of a criminal offence. Provision for this is made in Ground 2 of Schedule 2 of the Housing (Scotland) Act 2001. What changes are coming into force regarding evicting criminal tenants in 2019?
There are currently two conditions which must be met before an RSL is entitled to serve a Notice of Proceedings and begin eviction
As most people are aware, the government set up a very generous scheme at the end of 2015 known as Help to Buy ISAs where young people who had never owned a house before (first-time buyers) could save for a house and be given a free 25% bonus on top of their savings when they became able to purchase of a property. A Lifetime ISA, or ?LISA? as they?re regularly referred to, offers a very similar deal but with considerable differences which you should
The Scottish Government is due to introduce new legislation regarding fire and smoke detectors in the aftermath of the Grenfell Tower tragedy. The Housing (Scotland) Act 1987 (Tolerable Standard) (Extension of Criteria) Order 2019 is due to come into force on 1 February 2021 and will extend the 'tolerable standard' set out in section 86 of the 1987 Act.
The changes in the Order will apply not just to properties which are occupied by tenants, but all residential properties. Registered Social Landlords (RSLs) and owner
LIBOR (the London Inter-bank Offered Rate) is at the heart of private funding to the housing sector. Post-2022 however, banks will no longer be required to provide LIBOR quotations and thought needs to be given as to how that may affect Registered Social Landlords who have loans that continue beyond 2022 or indeed are taking out loans now.
The most likely replacement is the Sterling Overnight Interest Average (SONIA) administered by the Bank of England. SONIA is based
Land and Buildings Transaction Tax (LBTT) replaced Stamp Duty Land Tax on the purchase of property in Scotland on the 1st April 2015. Since then there have been many updates, amendments and guidance notes issued. The purpose of this blog is to provide an update on the current threshold and tax banding for LBTT, the new First Time Buyers Relief and the increase to the Additional Dwelling Supplement (ADS).
LBTT Threshold and Banding
The threshold for paying LBTT on the purchase of residential
Why consider an equity release mortgage?
The average person can expect to live for around 20 years following retirement and for many people equity release is an attractive option as it offers either a lump sum or a regular income which could be used in a number of ways:
It is a well known principle that any construct must be built on solid foundations in order to stand the test of time. Well, the same can be said for raising an action for recovery of possession of a Scottish Secure Tenancy. In order for proceedings to be initiated the first step is to serve a Notice of Proceedings.
This prerequisite document essentially supports the action through legal proceedings in the courtroom and certainly is the initial bedrock of a pursuer?s position before a Statement
?But I?ve not spoken to my children in 10 years!???Whether or not you choose to make a Will, there exists what are known as ?Legal Rights? in Scotland. Some argue that if they have chosen to make a Will and expressed a clear wish that their children are not to inherit any of their estate, then why should their children, who they, perhaps, have not seen nor spoken to for many years, be able to lay any claim against their estate? The theory behind these
Previously, we blogged on the problems with service of actions raised at the First-tier Tribunal - Housing and Property Chamber (FTT-HPC) where the address of the tenant was unknown.
Proposals to amend the FTT-HPC procedural rules to correct this problem and revise the procedural rules more generally were laid before Parliament in December 2018. The amending provisions are contained within the First-tier Tribunal for Scotland Housing and Property Chamber (Procedure) Amendment Regulations 2018 and The First-tier Tribunal for Scotland Housing and Property Chamber (Incidental Provisions)
Before we all down tools for Christmas, it might be an idea to think about what sort of ?resolutions? you wish to make for your business in the coming year. Sometimes, the personnel issues are the ones that go to the bottom of a to-do list so now is a good time to think of what you are looking to achieve.
One area that tends to go to the bottom of a to-do list is contracts and policies.
How can you recover factoring & common maintenance debts from owner-occupiers? A Notice of Potential Liability for Costs (NPLCs) can assist Registered Social Landlords and factors to recover money due by owner-occupiers for factoring and common maintenance debts.
Notice of Potential Liability for Costs
Introduced in 2004, the Notice can be used in relation to flats or houses. It does not solely relate to costs already incurred and can be lodged in relation to planned works where there is doubt regarding an owner's ability to
The Scottish Government and the Scottish Trades Union Congress (STUC) have jointly created A Fair Work Charter for Severe Weather, setting out guidelines for both employers and workers for managing the effects of severe weather on work. The Charter was developed as a response to the severe weather brought in by the ?Beast from the East? at the beginning of 2018 which had an impact on commuters and those with caring responsibilities.
The Charter is an extension of the 2016 Fair Work Framework which
Last week was National Stress Awareness Day, and is a good way to remind employers they should be ensuring the welfare of their employees, in particular their stress levels and overall mental health. Employers have a legal and moral obligation to ensure they aren?t discriminating against staff, specifically because of their mental health. Reasonable adjustments, by altering working conditions, to help employees with a disability, including mental health problems is the law.
While many organisations understand the impact of mental health in the workplace, it
On 29 October 2018, the Chancellor, Philip Hammond, delivered the Autumn 2018 Budget. The Budget included the following measures of interest to employment practitioners:
The Advisory, Conciliation and Arbitration Service (Acas) has published statistics on its early conciliation (EC) service for the period April to June 2018. The statistics show that the total number of EC notifications had increased by 53% as compared to the equivalent quarter of 2017.?The figures also show an increase in the proportion of EC cases which thereafter proceeded to a full employment tribunal claim: 23% of EC cases went forward compared to only 17% in the same quarter for 2017.
Acas early conciliation is
Background
In September 2016 the Office of National Statistics (ONS) announced that it was reclassifying Registered Social Landlords (RSLs) in Scotland as public non-financial bodies for the purposes of the national accounts. This was due to RSLs being subject to public sector control via the Scottish Housing Regulator?s (SHR) powers over management, constitutional change and disposals of land. As a consequence of this reclassification, RSL debt would have to be counted as a public liability for the purposes of the nation?s accounts. The ONS was
There is now an impending deadline fast approaching at breakneck speed on the 1st October 2018. Yes, that?s correct. As the turn of the month falls before us and as we enter the autumnal season, if you are conducting letting agency work in Scotland and have not applied to join the Register of Letting Agents through Registers of Scotland then please be forewarned as all individuals involved in letting agency work must comply with the Letting Agent Code of Practice as well as having
When it comes to Wills, most people are focused purely on how the estate will be distributed. Questions such as ?have I given enough to my grandchildren?? and ?will my spouse be adequately provided for?? are, obviously, very important matters to consider. However, the appointment of an Executor is just as important.
Who should I appoint?
Your Executor is responsible for dealing with the administration of your estate and ensuring that the terms of your Will are carried out, often with the assistance of a
Acas, also known as The Advisory, Conciliation and Arbitration Service, has produced new guidance on job references. Aimed at both employers and employees, it is based around the most frequently asked questions put to the Acas helpline. It explains what references are and provides information on what they should include, when they are required and how to deal with issues or problems. In particular, the guidance covers the following common questions:
Working nine-to-five is no longer the working norm according to a YouGov survey.
The survey reveals that a mere 6% work the traditional 9am-5pm workplace hours. Interestingly, only 14% of those polled would opt for these hours if given the choice.
A significant proportion (66%) said they would prefer to start earlier and finish earlier, with the most preferred options being 8 till 4 or 7 till 3.
Whilst this reflects a shift in labour requirements generally, it also shows a change in attitudes towards
One of the benefits of making a Will is that you can narrate your funeral instructions and let your family know your specific wishes for your funeral. However, as you will not be here to know if these wishes have been carried out, is it really worth stipulating what should happen to your body and at your funeral service?
The inclusion of funeral instructions in your Will is a guide to your Executors and family and can be as straightforward or as complicated as you
The First-tier Tribunal for Scotland (Housing and Property Chamber) (FTT) "recently considered the duration of a short assured tenancy in the case of Prestel & Dunbar v Norton (EV/18/1089)."
In this case parties entered into a tenancy agreement on 21st July 2017. An AT5 was served on the same date, before the tenancy agreement was signed. On 17th November 2017, the landlord served on the tenants a Notice to Quit and a Notice under Section 33(1)(d) of the Housing (Scotland) Act 1988,
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 ?
It is quite a thought returning to work after a period of maternity leave and here we look at the things an employee will want to think about before going back to work.
Recent figures from the Office for National Statistics establish a significant fall in the number of sick days employees are taking off work. The figures reveal that employees took off an average of only 4.1 days in 2017, compared to 7.1 back in 1993 (the year records began).
The available data shows that the sickness absence rate started slowly decreasing in 1999, and continued to fall following the 2008 credit-crunch. There will be a multitude of factors contributing to this. It is suggested that the
Figures obtained from a freedom of information request to the Department for Business, Energy and Industrial Strategy (BEIS) reveal that over ?390,000 of employment tribunal awards remained unpaid in 2017 due to insolvency of the employer.
The real amount may be significantly higher as BEIS is only aware of unpaid awards when it is notified by a claimant.?Experts suggest that these figures could be indicative of there being an element of "phoenixing", where an employer intentionally becomes insolvent to avoid the debt, and then creates
One of the main facets of the new Private Residential Tenancy (PRT) is that it offers increased security of tenure to tenants. An order for eviction will only be granted where a landlord can satisfy the First-tier Tribunal (Housing and Property Chamber) that one of the 18 grounds for eviction is established. The Tribunal needs to be persuaded, with evidence, that the landlord is entitled to end the tenancy.
How do private landlords prove that they have a ground for eviction?
It essentially depends on
There have been a few recent employment tribunal decisions which have considered the position of philosophical beliefs, and what beliefs are protected. The Equality Act 2010 protects the rights of employees to practise their religion without fear of discrimination. However, certain employees hold philosophical rather than religious beliefs and these may be protected by law.
In 2009, an Employment Appeal Tribunal (EAT) decision defined the criteria of a philosophical belief. It must:
On 1st December 2017 jurisdiction for private sector tenancy related disputes transferred to the First-tier Tribunal for Scotland Housing and Property Chamber. The Tribunal is allocating up to two cases to be heard each day. Tribunal members have sufficient time and expertise to scrutinise the content of rent statements. Accordingly, it is now more important than ever to ensure rent statements are accurate.
If you are relying on rent arrears as a basis for eviction, or you wish to lodge an application for payment
The?above Order came into effect from Saturday 30?June 2018. Subject to certain conditions, First-Time Buyer Relief is now available to first-time buyers in Scotland. The relief applies to qualifying transactions where the contract is entered into on or after 9 February 2018 and the date of entry is on or after 30 June 2018. It is therefore not available for any transactions with an effective date prior to 30 June 2018. The subsidy effectively
Taking the decision to move, or helping a loved one move, into a care home can be a stressful time. It is important that the financial implications are fully understood.
The average rate for residential care in Scotland is ?639 per week (?33,228 per annum) and for nursing care is ?852 per week (?44,304 per annum). Understandably, when faced with these figures people worry about how they will fund a move to care or nursing accommodation should this be required in the future.
Where the
The government has recently published a response to the Women and Equalities Committee report on Fathers and the Workplace.
In March 2018, the Women and Equalities Committee published a report, Fathers and the Workplace, calling on the government to make improvements to fathers' rights at work. This included, for example, removing the qualifying period for paternity leave to make it a right "day one" from the first day of employment, and increasing the rate of statutory paternity pay to 90% of earnings.
The government has
In December 2017 Scottish Government produced their third Consultation Paper on extending Freedom of Information (FOI) to the sector with a draft Order which made both Registered Social Landlords (RSL) and RSL subsidiaries subject to FOI when carrying out ?housing activities? as defined in the Housing (Scotland) Act 2010.? Responses to that Consultation are set out here
The Scottish Federation of Housing Associations commissioned our firm to provide a technical analysis as part of its response. Links to that response and analysis are set out
What is a Living Will?
We are often asked ? what is a Living Will?
It is:
Here?s a sentence we don?t often get to say: it?s getting hot! The coming days are set to see record temperatures across the UK, giving us the feeling of an actual summer for the first time in a long time. While we?ve had to contend with previous weather issues (the Beast from the East to name but one), being too hot is not often one of them. Here we look at the things that employers should be thinking about while we?re enjoying the current hot
The Occupiers Liability (Scotland) Act 1960 has given rise to a raft of case law over the past few years. In essence, it sets out the level of care required to be demonstrated by the legal entity who occupies or controls land or premises to any third party who may access such land or premises. This requires the occupier to assess the dangers which exist given the location of such land or premises and to highlight or mitigate any wants and defects which are present.
Separation often results in one parent being responsible for the majority of the everyday care of the children. A common result of this is that they also end up being responsible for the everyday costs. Child maintenance payments are financial support paid by the parent who does not have day-to-day care of the children. It can be paid to the other parent, the child or a grandparent or other guardian.
Child support payments are usually agreed between the parents or through the Child Maintenance Service
With all the gorgeous weather we?ve been having, the start of the World Cup 2018 seems to have crept up on us (or is that just me?). The World Cup takes place in Russia between Thursday 14th June and Sunday 15th July. Football match times in the UK will vary between 11am and 8pm.
The World Cup is a big sporting event for many employees who may want to follow their favourite football team (sadly this does not include Scotland this time). Some
?I think you should set up a trust; this will protect your assets.? Sounds great! But what is a trust? What can you put in to a trust? And will there be any charges associated with the trust?
What is a Trust?
A trust is when one person is given property to hold for the benefit of another. Dependent upon the size and complexity of your estate, particularly if your assets are over the threshold for Inheritance Tax (currently ?325,000), you may wish to consider
The various changes to housing management law and practice, which are contained in Housing (Scotland) Act 2014, now have dates set for their introduction.
Almost 4 years after the Act received its Royal Assent, the Commencement Order for these changes has finally been published.
The Act will make changes to a variety of areas.
The changes to the rules on Short Scottish secure tenancies (especially when used as method to deal with antisocial behaviour), the use of criminal convictions as grounds for eviction and the