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What is the new Private Residential Tenancy in Scotland?

What is the new Private Residential Tenancy in Scotland?

The Private Housing (Tenancies) (Scotland) Act 2016 will introduce a new tenancy regime to Scotland called the Private Residential Tenancy (PRT). This new tenancy is anticipated to take effect sometime in December 2017.

What happens to assured and short assured tenancies when the PRT takes effect?

The 2016 Act provides that a tenancy cannot be an assured or short assured tenancy if it is granted after the effective date. This means that from that date all residential tenancies let to individuals will, by default, constitute

Will tenants be evicted for drugs convictions?

Will tenants be evicted for drugs convictions?

What can landlords do if they discover their property is being used for growing or supplying illegal drugs? Will tenants be automatically be evicted for drugs convictions? Surely if the tenant is convicted a landlord can expect to receive an order from the court allowing them to evict?

However, the case of Glasgow Housing Association v Stuart shows that landlords cannot merely rely on a drugs conviction in order to evict.

If a conviction isn't enough, then what is? Recent cases we have been involved

Additional Dwelling Supplement - one year on...

Additional Dwelling Supplement - one year on...

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:-

  • Additional properties in Scotland, such as buy to let properties and second homes, with a value of ?40,000 or more;
  • Where, at the end of the effective date of

Dementia Awareness Week

Dementia Awareness Week

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

What is a Letter of Wishes?

What is a Letter of Wishes?

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

Innovative Housing Solution for Vulnerable Adult

Innovative Housing Solution for Vulnerable Adult

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

What?s the latest with the Scottish Property Market?

What?s the latest with the Scottish Property Market?

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 ?

  • The volume of sales increased by 3.3% on 2015
  • The average price of a residential property fell by 1.9% compared with 2015
  • The value of the residential market in Scotland was in excess of ?16.5 billion, an increase of 1.3% on the previous year

Conditional Performance Bonds v On Demand Performance Bonds

Conditional Performance Bonds v On Demand Performance Bonds

"The name is Bond..."

Employers under construction contracts often try to protect themselves against the risk of loss from a variety of events by asking the contractor for a performance bond.

A performance bond is a form of security provided by a third party, usually a bank or insurance company, guaranteeing the obligations of the contractor under the contract. A bond constitutes a promise that the guarantor (i.e. the bank/insurance company) will make a payment to the employer of a set amount (usually 10% of

Letting Agent Registration ? Scottish Government Guidance

Letting Agent Registration ? Scottish Government Guidance

Our blog headed ?Letting Agent Registration ? (Less than) A Year To Go!? discussed the forthcoming requirements for letting agent registration following the enactment of the Letting Agent Registration (Scotland) Regulations 2016.

Anticipated Scottish Government guidance on letting agent registration has since been published and can be found here.

The guidance provides information on:

  • who needs to register
  • what you need to do before you register
  • what training and qualifications you must have in place before you make your application
  • guidance on protecting client

Top Tips for Selling Your Property in Edinburgh

Top Tips for Selling Your Property in Edinburgh

Top Tips for selling your property in Edinburgh

  1. This is a good time to sell as there is a lack of stock on the market at present and there is a strong demand for many types of properties.
  2. From a selling point of view it is not worth holding off until Easter or better weather. In recent, previous years, partly due to lack of other stock and partly due to the ?year round? nature of the market, many properties marketed in January and February have

What could 'Right to Rent' mean for Scotland?

What could 'Right to Rent' mean for Scotland?

IMMIGRATION CHECKS DO NOT YET APPLY TO LANDLORDS IN SCOTLAND! We previously blogged about the UK Immigration bill which proposed duties on landlords to carry out immigration checks on prospective tenants - essentially checking if someone has the right to rent.

The bill became law on 1st December 2014 in connection with premises located in specific local authorities in England. On 1st February 2016, the scheme was rolled out to the whole of England.

The UK Government now intends to roll out this

Letting Agent Registration ? (Less than) A Year To Go!

Letting Agent Registration ? (Less than) A Year To Go!

Regular readers of our blog will be aware that the Housing (Scotland) Act 2014 made provisions for the mandatory letting agent registration, regulation and training requirements in Scotland.

The Letting Agent Registration (Scotland) Regulations 2016 were laid before the Scottish Parliament in December 2016 and will come into force on 31st January 2018.

The Regulations require the most senior person in a letting agency business (unless they have no input into the?letting agency?s day-to-day running) and all persons directly concerned with managing and supervising

Legal Help for living with Dementia

Legal Help for living with Dementia

Our firm was delighted to take part in a Dementia Friends information session which involved staff completing a number of activities with a view to understanding how to interact better with people living with dementia (for example always use the term 'living' with dementia, never 'suffering'). We are often asked about legal help for living with dementia.

Our team regularly find themselves helping people who are experiencing the heartbreaking effects of dementia and this was a great opportunity to learn more about the condition and

Advice for First Time Buyers

Advice for First Time Buyers

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

Can I write my own Will? Keep the DIY for your house!

Can I write my own Will? Keep the DIY for your house!

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 write

Loans and Gifts - The Bank of Mum and Dad

Loans and Gifts - The Bank of Mum and Dad

It is estimated that one in four property transactions will involve a contribution (loans and gifts) from the Bank of Mum and Dad. There are various ways in which that help can be given, for example:

  • Gift or loan of some or all of the deposit
  • Gift or loan of full purchase price
  • Act as guarantor
  • Loans and gifts of some or all of the deposit

If you are considering making a gift you should first seek advice on the tax implications of doing so.

Procurement Strategy ? What RSLs Need to Know

Procurement Strategy ? What RSLs Need to Know

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:

  • Setting out how the public body will

Handling Subject Access Requests for Employers

Handling Subject Access Requests for Employers

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

What are the current Edinburgh property market conditions?

What are the current Edinburgh property market conditions?

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

Scottish Land Fund for Community Ownership in Scotland

Scottish Land Fund for Community Ownership in Scotland

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 a year.

Requirement for Electrical Installation Condition Report in Scotland

Requirement for Electrical Installation Condition Report in Scotland

Landlords should be aware that the Housing (Scotland) Act 2014 introduced the requirement in Scotland for landlords to have an Electrical Installation Condition Report (EICR) carried out on all electrical installations, fixtures and fittings within their rental properties. The requirement has been in place since 1st December 2015 for any new tenancies entered into but from 1st December 2016, all tenancies must have a valid EICR, a copy of which must be provided to the tenant.

The EICR lasts for 5 years and

Raising a Court Action: How Long Have I got?

Raising a Court Action: How Long Have I got?

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

Brexit ? the end of public procurement rules?

Brexit ? the end of public procurement rules?

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:

  • The

Judicial Review - A Year on from the Changes

Judicial Review - A Year on from the Changes

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

Driving Employment Rights Forward

Driving Employment Rights Forward

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 ?

What should I know about hiring students?

What should I know about hiring students?

In 2015, 77% of university students worked to help fund their studies. With the new university year beginning, what do employers, and students, need to know about hiring students?

  1. ' Regulations for Younger Workers '

Most university students are over the age of 18, but some students may be younger. Workers under the age of 18 have additional employment rights. For example 16 & 17 year olds are entitled to a 30 minute rest break if they work more than 4.5 hours. It is

Making Alterations to Your Property

Making Alterations to Your Property

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

Sexual Harassment in the Workplace - What You Need to Know

Sexual Harassment in the Workplace - What You Need to Know

In August 2016 a TUC survey of 1,500 women found that more than half of women of the women surveyed have experienced sexual harassment in the workplace. Sexual harassment is a key issue in the workplace today that has a severe impact on employers and employees. With this in mind we look at what you need to know about sexual harassment at work.

What is Sexual Harassment?

Sexual Harassment is a broad term that covers a variety of situations. Both men and women can be

I?m young and healthy, why would I need a Power of Attorney?

I?m young and healthy, why would I need a Power of Attorney?

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

Notifiable Events Requirement for Charities

Notifiable Events Requirement for Charities

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:-

  • Fraud and theft
  • Substantial financial loss
  • Incidents

Does a Registered Social Landlord need a PSC Register?

Does a Registered Social Landlord need a PSC Register?

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 Act

Letting agent guilty under the Consumer Protection from Unfair Trading Regulations

Letting agent guilty under the Consumer Protection from Unfair Trading Regulations

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

The impact of ECHR on the Private Rented Sector

The impact of ECHR on the Private Rented Sector

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

Key Changes Introduced by the Trade Union Act 2016

Key Changes Introduced by the Trade Union Act 2016

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

Why I would recommend a Modern Apprenticeship

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

How will Brexit affect employment law?

How will Brexit affect employment law?

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

Essential Compliance with the UN Disability Convention

Essential Compliance with the UN Disability Convention

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

Housing (Scotland) Act 2014 - the changes are coming!

Housing (Scotland) Act 2014 - the changes are coming!

It has been over two years since the Housing (Scotland) Act 2014 was passed by the Scottish parliament.

This Act proposes to introduce significant changes in many areas of housing management and practice for registered social landlords.

It would now appear that the implementation of the various proposals will commence this year.

Draft versions of guidance on the following topics will be available towards the end of June (edit September 2016: guidance not yet issued but should follow at some point this year).

  • Legal Framework

Life as a Modern Apprentice

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:

  • Collecting mail in the morning as well as alternate evenings
  • Doing the filing for the solicitors
  • Collecting and preparing banking and recorded deliveries
  • Writing cheques
  • Preparing meetings and clearing up once finished
  • Arranging for delivery/collection from our offsite storage company
  • Undertakings

Supported decision-making and co-decision-making in Scotland

Supported decision-making and co-decision-making in Scotland

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

Maternity Related Discrimination: some worrying statistics

Maternity Related Discrimination: some worrying statistics

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

Managing employees working from home

Managing employees working from home

An area of employment law which is gaining more ground is the issue of managing employees working from home. In fact I have been asked by a number of clients about this issue given more employees are making flexible working requests to work from home. It is important that employers are aware of how to manage employees working from home and using their own devices.

Homeworking is a type of flexible working which, depending on the agreement between employer and employee, can be also used

Training requirements for letting agents

Training requirements for letting agents

Within the last few weeks, Scottish Ministers have advised stakeholders of their proposals for the training requirements? for letting agents to go with the Code of Practice.

The training requirements will apply to the most senior person in a letting agency business (unless they have no input into the?letting agency?s day-to-day running) and all persons directly concerned with managing and supervising of a business? letting agency work.

There must also be at least one person per office (where relevant letting agency work is carried

Letting agent registration and code of conduct

Letting agent registration and code of conduct

Most of the headlines for the Private Rented Sector (PRS) in Scotland have been grabbed by the Private Housing (Tenancies) (Scotland) Bill, which was passed after the stage 3 debate this month and set to become an Act. However, before we get an entirely new tenancy regime for the PRS, the sector will have to grapple with mandatory letting agent registration and code of conduct.

Part 4 of the Housing (Scotland) Act 2014 makes provision for the registration, regulation and training requirements for letting agents

Private Housing (Tenancies) (Scotland) Bill

Private Housing (Tenancies) (Scotland) Bill

The Private Housing (Tenancies) (Scotland) Bill was passed by the Scottish Parliament on 17th March 2016. The stated aim of the legislation is to create simpler tenancies, offer stability and security for private tenants and ensure predictability over rent increases. It also fundamentally changes the nature of the relationship between landlords and tenants from contractual to statutory. We will get a new tenancy type called a ?Private Rented Tenancy? which will replace the current Assured and Short Assured regime. The Scottish Government has yet

How do I get divorced in Scotland?

How do I get divorced in Scotland?

We are often asked the question - how do I get divorced in Scotland? In order to obtain a divorce you must raise an action in a Court which has jurisdiction. Jurisdiction normally means that you raise the action in the Court nearest to you. Before contemplating where to raise an action you must determine whether you can raise a divorce action or not. In order to raise a divorce action, you must have the legal ground to do so. In Scotland there is one

Training Requirements for Letting Agents under the Housing (Scotland) Act 2014

Training Requirements for Letting Agents under the Housing (Scotland) Act 2014

Part 4 of the Housing (Scotland) Act 2014 makes provision for the registration, regulation and training requirements for letting agents in Scotland. The provisions include a mandatory register of letting agents with an associated ?fit and proper? person test, training requirements, a code of practice to which all letting agents must adhere and enforcement through the new First- Tier tribunal.

In February 2016, The Letting Agent Code of Practice (Scotland) Regulations 2016 were laid before the Scottish Parliament and are set to come into force

What happens when a joint tenant leaves a property?

What happens when a joint tenant leaves a property?

We are often asked by landlords about joint tenancies under an assured or short assured tenancy (if you have joint tenants under a Private Residential Tenancy, read this blog). Particularly where one joint tenant wishes to leave a rented property and gives proper written notice, but the other joint tenant wishes to stay.

Technically, a vacating tenant who gives proper written notice in advance of a contractual end date or Ish, cannot create a situation where the remaining tenant becomes the sole tenant under

Plans and mapping requirements under the 2012 Act ? what you need to know?

Plans and mapping requirements under the 2012 Act ? what you need to know?

The Scottish Government are anxious to ensure that all Scottish property is mapped on the Land Register as soon as possible. Mapping requirements are at the heart of the 2012 legislation. A cadastral map: a single unified map of all registered property in Scotland based on the ordinance survey map is being prepared.? However, accurate plotting is not always straight forward.? Old Title Deeds often have inadequate plans and for some the written description makes it difficult to plot the subjects described against physical

National Living Wage - what you need to know!

National Living Wage - what you need to know!

As you will have no doubt seen in newspaper headlines and Government advertising billboards, there is a ?new? rate of pay coming in ? the National Living Wage. In this blog, we look at what this change is and what it will mean for businesses.

There are currently four different hourly rates of National Minimum Wage (NMW) for different categories of worker:

  1. Standard rate for workers aged 21 or over: ?6.70
  2. Development rate: workers aged between 18 and 20 inclusive: ?5.30
  3. Young workers rate: