A Guardianship Order is a court order, which authorises a person to act and make decisions on behalf of an Adult with incapacity. In Scotland, an Adult is a person who is 16 years old and over. The law relating to guardianship is governed by the Adults with Incapacity (Scotland) Act 2000. It is important to seek legal advice prior to making an application for Guardianship to ensure that the appointment will benefit the Adult and that no other means provided for under the Act
Today sees the start of Dementia Awareness week in Scotland which, prior to the pandemic, would have culminated with Alzheimer Scotland’s annual conference. Sadly, the conference will not be taking place again this year due to current restrictions. However, during this time we can all continue to show support and continue to raise awareness for those living with dementia, their carers and families.
Now, possibly more than ever, it is important that those living with dementia and their families know that getting their legal affairs
Since December 2020, the enforcement of eviction orders has been prohibited unless the order is based on the tenant’s antisocial behaviour or criminal activity. The ban applies in all areas which are within Tier 3 and Tier 4 of the Scottish “lockdown” levels.
The majority of mainland Scotland moved to Tier 2 on 17 May 2021 (except for Glasgow City and Moray) and some island communities moved to Tier 1. As such, the ban on enforcement of eviction orders was lifted from 17 May 2021.
Among the excitement of purchasing a property together, the question of how the ‘title’ to the property should be taken is often only given a quick thought.
Very little time is spent on considering what it means to include or not to include a ‘special destination’ in the title and the consequences this may have down the line.
What is ‘joint title ’?
When a person buys a property he/she takes ‘title’ to that property in their sole name. When two people fund a
The Coronavirus (Scotland) Act 2020 (“the 2020 Act”) contains emergency powers relating to coronavirus and health protection in Scotland. In exercising these powers the Scottish Government have introduced rules which have afforded additional protections to tenants by increasing the notice periods required before eviction action can start and banning the enforcement of eviction orders in certain circumstances.
Eviction ban update
Since December 2020, the enforcement of eviction orders has been prohibited unless the order is based on the tenant’s antisocial behaviour or criminal activity. The
The Coronavirus (Scotland) Act 2020 (“the 2020 Act”) contains emergency powers relating to coronavirus and health protection in Scotland. In exercising these powers the Scottish Government have introduced rules which have afforded additional protections to tenants by increasing the notice periods required before eviction action can start and banning the enforcement of eviction orders in certain circumstances.
Eviction ban update
Since December 2020, the enforcement of eviction orders has been prohibited unless the order is based on the tenant’s antisocial behaviour or criminal activity. The
In November 2019 no one could have predicted what a difficult year 2020 would prove to be. However, a new report published by the Scottish Information Commissioner (SIC) highlights that RSLs are coping well with their new FOI obligations despite the challenges raised by COVID-19.
The Report contains a number of key figures, namely:
In an earlier blog we set out the basics of how the transition from LIBOR to SONIA would be effected. The matter has become more pressing as since October 2020 Banks have been providing detailed drafting to document the proposed transition and it was announced on 5 March 2021 that LIBOR as currently calculated would no longer be available from 1 January 2022. We examine some key issues below:
Spread
Although other periods are possible, LIBOR has generally been offered to the sector for periods
The practice of serving Notices to Quit by sheriff officers has recently been considered by the Upper Tribunal (UT). In a decision which will be of interest to private landlords and letting agents in Scotland the UT held it is competent for a sheriff officer to serve a notice to quit.
In 2019, Mr Henderson raised eviction proceedings in the First-tier Tribunal (FTT). The action was based on rent arrears. An Eviction Order was granted by the FTT in October 2019. The tenant sought to
Many employers take steps to ensure that their staff undertake equality and diversity training within their organisations. Employers can also use this as a defence in any discrimination claims to say they have taken all “reasonable steps” to ensure that no discrimination takes place within their organisation.
However, a recent case of Allay (UK) Ltd v Gehlen, the EAT has held that an employment tribunal was entitled to reject an employer’s ‘reasonable steps’ defence to a claim of racial harassment. Although the perpetrator of the
The past few months has seen the roll out of the Covid-19 vaccination across the UK and while the availability and speed of the process is being questioned daily in the press, one issue which we have seen brought the foreground of discussions amongst clients is whether or not they can mandate their staff to have this vaccination.
Many employers are likely to encourage their staff to take up the vaccine, but the issue of whether this can become mandatory is an interesting one from
The Sheriff Appeal Court has just issued a decision which will be of significance to RSLs throughout Scotland. It concerns the operation of the “streamlined” eviction process in terms of ground 2 in the Housing (Scotland) Act 2001 designed to be used when tenants are convicted of criminal offences committed in or near the rented property.
Since May 2019, 2019, the “reasonableness” test has been removed from this ground meaning that the court must grant an eviction where the ground is established. However the government
The Scottish Information Commissioner (SIC) has recently published one of the first decision notices on an RSL’s handling of a FOI request.
Whilst the decision notice (which can be viewed here) does not answer some of the bigger questions the sector has about their new FOI duties it does act as a reminder of some key aspects of FOI compliance. So, what can RSLs learn from this decision?
What was the decision about?
The decision concerned a failure to respond to a request for
Young adults who lack capacity – guardianship orders
Any parent of a young adult who lacks capacity and is approaching 16, or has just turned 16, should take advice on whether they should apply for a guardianship order. Until the age of 16 you have been able to make decisions on behalf of your child. On turning 16 that automatic delegation of decision making to you, as their parent, comes to an end.
There may be various matters you have to assist with. For example
Historic position
Historically when a disabled proprietor wanted to make an alteration to the common parts of a tenement to allow them to continue to use and enjoy their home by, for example, introducing a stair lift, access ramp or additional handrails by dint of the Common Law they required the consent and agreement of all other owners in the tenement to permit the change. The introduction of the Tenements (Scotland) Act 2004 failed to provide a simplified mechanism for approving such improvement or alteration
None of us could have imagined that almost a year after we first heard the words “Covid-19” that we would still be under such restrictions, the impact this would have on the NHS and the long term effects of Covid-19.
Hearing so many families losing loved ones and the long-term effect Covid-19 has had on their lives is distressing. However it does highlight the importance of having a Power of Attorney in place. Too often we hear of a husband and wife with separate bank
We recently sent an update to confirm that evictions were being banned until 22 January 2021 - unless your Decree was granted on ground 2 and/or 7 of the Housing (Scotland) Act 2001, as amended. This is where Decree was for Antisocial Behaviour (ASB) and/or where there was a conviction.
It has now been announced that the existing ban will be extended until 31 March 2021. Like the previous ban it will not apply to Decrees for eviction which are granted on the ground of ASB or a conviction.
The Scottish Government announced that between 11 December 2020 and 22 January 2021, there is to be a full ban on evictions being carried out in Scotland. The ban will last for a period of six weeks and will apply to all evictions (except in cases of anti-social behaviour relating to Ground 2, Ground 7 or Ground 8 detailed in the Schedule 2 of the Housing (Scotland) Act 2001).
What does this mean?
No evictions on other grounds can proceed during the six-week period.
However, where
Life has changed dramatically for us all since March 2020. We had hoped that we would be getting “back to normal” sometime soon – would any of us have thought we would still be living under restrictions more than 8 months later?
Many of us have put things off, vowing that we will do this “when we get back to normal”.
For now the new “normal”, for a large proportion of us, means:
