It is perhaps no wonder that there are so many myths surrounding the divorce process. Many people will offer words of wisdom to those going through a separation or divorce, but how many of these hold true?

What are the top 5 myths about divorces in Scotland?

1. "My spouse had an affair so he/she will get a lower settlement from the divorce!"

Scotland has a 'no fault' system when it comes to divorce. This essentially means the reason for the separation is irrelevant and

More and more landlords are now requiring tenants to provide guarantors, in addition to carrying out the usual referencing checks. This gives a landlord some added protection against the risk of the tenant failing to pay rent under the tenancy agreement. However, it is important that landlords ensure that the guarantor signs an express agreement, so that the landlord can legally enforce the obligations against the guarantor, should the tenant fail to fulfil theirs. So how do you put a guarantor agreement in place?

Our

How do you deal with employee absence in bad weather? "Boss, there's a river running down my street, I can't come into work." Sound familiar? Not only does adverse weather cause problems for employees who commute to work, it can result in significant financial loss to the employer, particularly if the bad weather is on-going.

Below are the answers to commonly asked questions about employee absence during adverse weather:

If an employee fails to show up for work because of bad weather do I have

Ever wondered what happens if you want to purchase land from an unknown owner?
When a land title is in the name of a dissolved company (or where no owner can be identified) ownership will transfer to the Crown.

What happens if I want to buy the land?
Potential purchasers will have to contact the Queen's & Lord Treasurer's Remembrancer (the QLTR) to obtain the title.

When initially contacting the QLTR, evidence that the company in question has been dissolved should be provided, along with

As man's best friend, it's no surprise that many people want to provide for their dogs in their Wills. However, dogs can't own property in their own right and therefore a bequest of a specific sum of money or item to a dog (or any pet) is not effective. So what happens to my dog if i die?

Available options

As a pet owner, you might want to consider:-

• a legacy within your Will - although, you can't leave an asset to your pet, you

The suggestion, as part of the current consultation by the Scottish Housing Regulator, that Registered Social Landlords (RSLs) should be allowed to pay committee members has generated considerable debate. Views have been put forward on both sides of the argument. So should RSL Committee Members be paid?

The current position is, of course, that such payments are outlawed by Schedule 7 of the 2001 Housing Act. However in April 2012 Schedule 7 will disappear from the scene. In a wholesale reversal of governance standards the

We often hear from frustrated landlords who despite serving notices on their tenant, are advised that the local authority will not re-house them, forcing the landlord to raise an eviction action to repossess their property. For landlords who have been through the legal process, an eviction action can be both lengthy and costly. So will the local authority re-house my tenant following eviction?

Are Councils obliged to rehouse a tenant?

The Council must assess homeless applicants to decide whether or not they are entitled to

Here are Inheritance Tax planning tips for the tax year end which should be implemented before the end of the tax year otherwise they risk being lost altogether.

Why consider Inheritance Tax planning?

Tax planning provides an opportunity to pass assets to the next generation in the most tax efficient manner.

Each individual has an Inheritance Tax free allowance known as the Nil Rate Band - subject to some exceptions. Any assets held by you in excess of the Nil Rate Band are taxed at

So when can I exclude a bidder? According to regulation 23 of the procurement regulations, a public body (including an RSL) carrying out a procurement exercise shall treat as ineligible and disqualify a bidder, if it has actual knowledge that the bidder, its directors (if the bidder is a company) or any other person with powers of representation, decision or control of the bidder has been convicted of certain offences, including:

• Conspiracy
• Corruption
• Bribery
• Incitement to commit a crime
• Fraud
• Taxation offences
• Money laundering
• Attempting

In most cases when parents separate it is in the best interests of a child to remain in contact with both of them. Sometimes this can be very difficult for the parents themselves to arrange. Child contact centres provide a key role in helping children affected by family breakdown to maintain a relationship with the parent who no longer lives with them in a safe, neutral environment, away from high conflict situations.

What types of contact are there?

- In centre supported contact a child

In May 2011 we reported that the Coalition government had announced plans to reform UK employment laws. But are the employment law reforms good for employers? Details of the reforms are slowly starting to emerge as the Chancellor has announced that:

1. As from the 1st April 2012 an employee will need to have been employed for 2 years as opposed to 12 months before they can bring a claim for unfair dismissal against their employer

2. Secondly, fees will be introduced for

We have been asked this question by a number of charitable clients, what is Gift Aid and what are the Gift Aid rules?

Gift Aid is a simple way for your charity to increase the value of donations of money from taxpayers by claiming back from the Government the basic rate of tax paid by the donor.

When an individual, sole trader or partnership gives money to your organisation through gift aid, you can take their donation, which is money they have already paid tax

TUPE protects employees by ensuring that a transfer does not disadvantage them in any way, by preventing variations to the employment contract. We are often asked - are TUPE and contractual variations permitted?

The recent case of Smith v. Trustees of Brooklands College (EAT) has confirmed that an agreed variation to an employment contract following a TUPE transfer is effective where the transfer is not the sole or principal reason for the variation.

All contractual variations are void if the sole or principal reason is

At the inaugural LetLaw Legal Update seminar in Glasgow, the hot topic was the launch of the Scottish tenancy deposit scheme and how this will work in practice.

Whilst there was plenty of discussion surrounding ways of avoiding the scheme (!), the primary concern of both landlords and letting agents appeared to be what would happen if a scheme was to fail.

The Tenancy Deposit Scheme Regulations 2011 were issued by the Scottish Government earlier this year.? Under those Regulations, any organisation who applies to

So just how can you recover factoring & common maintenance debts from owner-occupiers? A Notice of Potential Liability for Costs can assist housing associations and factors to recover money due by owner-occupiers for factoring and common maintenance debts. It was introduced in 2004 and 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/likelihood of paying their share of the

Planning a gap year? You will no doubt have spent time deciding on your itinerary and making sure you have all the necessary visas, but have you given any thought to ensuring you know the legal essentials for gap year students?

Most young people will not have had any reason to visit a solicitor before, but if you are planning your dream gap year you should add a trip to the family lawyer to your 'to do' list before setting off on your travels!

What

New rules relating to licensing of houses in multiple occupation (HMO) came into force August 2011. Landlords should be aware of these rules, which require a local authority HMO licence when a property is shared by three or more unrelated individuals.

There are some exceptions but a recent court case has shown that landlords should not try to avoid compliance with the rules by attempting to find inventive ways to meet some of the exemptions. More details can be found here.

The case involved

It is a common misconception that Powers of Attorney are only for the elderly. However, accidents or illness can happen to anyone at any time and it is sensible to give thought to putting a Power of Attorney in place now, as a safety net for the future. Ask yourself the question - do I need a Power of Attorney?

What is a Power of Attorney?
A Power of Attorney is a legal document giving someone else authority to act on your behalf should you

In an increasingly litigious society it is important to reflect on all of the options available when considering a court action in relation to business disputes. With the Court of Session becoming significantly busier, the Commercial Court offers a swift and robust procedure in which to raise actions. However, individuals and organisations are not making best use of this alternative court, largely through misunderstanding its use and appreciation that they can in fact use it!

The key features of the commercial court's procedures are set

A regular question at our landlord training sessions relates to the idea of early intervention when a tenant accrues rent arrears in Scotland. Landlords should always contact the tenant in these situations to obtain an explanation for the non-payment of the rent. Early contact can often prevent the situation from escalating outwith the tenant's control.

Many landlords worry they will be accused of harassment if they make attempts to contact the tenant. In one recent example, after the tenant had given notice to quit, the

Since April 2011, existing unincorporated charities have been able to apply to change their legal form to the new legal entity of a Scottish Charitable Incorporated Organisation (SCIO). What are the advantages of becoming a SCIO?

Some of the advantages of becoming a SCIO are:

• Liability of charity trustees is limited and members are not liable to contribute to the assets if it is wound up.
• It has a legal personality and can undertake transactions in its own right.
• Single regulator - OSCR.
• Title to

Does your Will include a Legacy to Charity? If you are thinking of doing this there are some facts you may want to consider.

• Around 80% of us support charities during our lifetime.
• 35% us want to leave the bulk of our estate to loved ones but like the idea of giving something back by way of donation on death to charities that we consider worthy of support.
• Surveys indicate less than 10% of the population actually leave a legacy

Making provision for Charities could

As of 1 November 2011 the Local Democracy, Economic Development and Construction Act 2009 comes into force, amending the Housing Grants, Construction and Regeneration Act 1996. The changes will affect construction contracts entered into from 1 November 2011.

The main changes are:

• The 1996 Act now applies to construction contracts even where they are not in writing;
• An adjudicator now has the ability to make changes to his/her decision, insofar as to correct any typos or other errors. Previously, where an adjudicator's decision contained a

The question of whether pre-tenancy charges imposed on tenants by landlords/agents under a short assured tenancy are legal is a long-running debate within the private rented sector.

Many landlords/agents charge a variety of fees to a tenant prior to sign-up, including administration charge, 'holding deposit' and 'referencing fee'. We've even heard of agents charging fees to prospective tenants for cleaning the property after they have left, when they've not even moved in yet!

Section 82 of the 1984 Act states that ?any person who, as

You are buying housing sites and you have found a new site to buy. And agreed a price with the landowner. You now want to submit a formal offer to buy the land but do not want to commit to the purchase until you are sure that a number of other 'things' have been dealt with. What would now be ideal is a site acquisition checklist.

These 'things' are called suspensive conditions and would typically include:-

• satisfactory site investigation reports you want to be sure

Child Contact Orders - What happens if contact doesn't take place?

When a court order is in place stating the times a child has contact with a parent each week, and the parent with whom the child lives wilfully refuses to obey the order, then the other parent is entitled to ask the court to make a finding of contempt. Disagreement with a sheriff's decision does not entitle a parent to withhold contact.

The situation is less clear cut when the reason given is that

We are frequently asked to raise court actions against debtors whose whereabouts are unknown; would you know how to find a debtor then raise a court action?

In any court action, a summons needs to be served on a debtor. The whereabouts of a debtor may be unknown because:

• The debtor may have moved to another address without the creditor's knowledge since the original debt accrued
• The debtor has not provided an address
• Or, as is sometime the case, provided an inaccurate address

Many creditors

Nearly 50 years ago, Harold Wilson's Labour government introduced the first law to make unlawful tenant evictions a criminal offence. This law was designed to deal with the 'incentives' which encouraged landlords to remove tenants. So how do you evict a tenant lawfully?

At that time:

• Properties were easier to sell and would sell at a greater price if they were vacant rather than with a sitting tenant.
• Removing tenants who had the benefit of rental protection allowed landlords to maximise their income. One London

Providing for a disabled loved one following your death is not always straightforward - you want them to have enough money to be comfortable but don't want to affect their entitlement to state benefits, many of which are means tested. One of the most effective ways of providing for a disabled beneficiary is using a disabled person's trust within your Will. As well as providing protection for the beneficiary, if set up correctly, the trust can also avoid certain tax charges normally associated with trusts.

Due to the current economic climate many employers will reduce staffing levels and/or restructure their organisation to make savings. Employers need to consider in advance redundancy preparation & consultation requirements for any redundancies.

Failure to follow the correct procedures when making redundancies could prove to be costly, particularly if it results in legal proceedings being raised against the employer.

Unfair dismissal arising for redundancy may be caused by the following:
-  Unfair selection of pools
-  Unfair application of selection criteria
-  Failure to fully

For first-time buyers or those who have been out of the property market for a while, the steps involved in purchasing a property can be daunting. So how do I buy a home in Scotland? Each transaction will differ depending on the circumstances, but the initial steps are:-

1. Set your budget - before looking at properties, you should visit a mortgage adviser to work out your budget. Ideally, you should have an 'agreement in principle' in place with your lender before offering to buy a

We are often asked - when can I get a divorce in Scotland and how long does it take? You can get divorced in Scotland if your marriage has broken down irretrievably.

What options are open to me?

1. If your husband or wife has committed adultery you can raise a divorce action immediately. However, if you proceed on this basis the divorce writ will have to:
   - name the person with whom your spouse formed a relationship
   - be served on that person
2. If the

Tribunal Repossession Application Timescales

The answer to "how long does an eviction action actually take in Scotland?" is much along the same lines as "how long is a piece of string?"

Obtaining an Order for Possession in Scotland is not a particularly quick process. If your application is straightforward and is not defended by your tenant, the following can be used as a general guide:-

Which route of repossession are you taking?

If the tenancy is a short assured tenancy:

• Compulsory Repossession: this relies on

Under the procurement regulations, an organisation engaged in a procurement exercise should allow a 'standstill period' of 10 days to elapse between notifying the tenderers of the successful party and awarding the contract. If an unsuccessful tenderer raises a legal challenge to the procurement process during the standstill period, the organisation cannot proceed to award the contract without first obtaining an order from the court.

In a recent case from Northern Ireland (Rutledge Recruitment and Training Limited v Department for Employment and Learning)

Although the deadlines for the Feed in Tariff in March 2012 and the Community Energy Savings Programme (CESP) in December 2012 seem a long way away, are RSLs running out of time? Housing Associations would benefit from thinking about it now due to the lengthy lead in time. This is due to the number of parties currently involved:

• All systems installed need to be commissioned by approved suppliers
• The works (and the carbon saving properties) must be completed before these dates - not merely committed

A Scottish Charitable Incorporated Organisation (SCIO) is a new legal body (with effect from April 2011) for charities registered in Scotland.

What is a Scottish Charitable Incorporated Organisation?

• It is not subject to the same reporting and regulatory requirements as a company.
• It can enter into transactions on its own behalf, rather than by its charity trustees on its behalf.
• The charity trustees are in general protected from incurring personal liability.? (However this protection is not absolute and charity trustees individually may be held responsible

How do you go about choosing trustees and executors in your Will?

The person or people appointed by you to administer your estate when you die are required to fulfil their role of ingathering your estate by:

- paying off debts and expenses (from your funds, not theirs!)
- distributing the estate in accordance with your Will or, if no Will, in terms of the laws of intestate succession.

Without a Will the people appointed by law may be people you do not like, do

How can landlords use the small claims court in Scotland to recover debt from a tenant? We work closely with Landlord Accreditation Scotland and one of their regular training sessions involves how to pursue a tenant for money through the courts using the small claims procedure.

It's supposed to be an easy way for people to recover money without a solicitor, but caution should be taken as there are some hidden dangers that landlords should be aware of:

The Court Rules
Small claims were designed

Are Home Reports here to stay or should Scotland scrap Home Reports?

There are grumblings amongst MSPs. The Scottish Tories want them scrapped. David McLetchie MSP, Scottish Conservative Chief Whip, said: "In the best of times, Home Reports were an expensive luxury. However, nowadays figures showing that the housing market is struggling to return to where it was a couple of years ago they are madness".

Why have Home Reports?

The single survey for the Home Report was intended to be:

• an assessment by the

We asked our blog readers whether a conviction for supplying Class A drugs within a social rented house (antisocial behaviour) should be made a mandatory ground for evicting a tenant. 97% of those who voted were in favour. Is evicting tenants for antisocial behaviour a good thing?

In 2011, Grant Shapps, Housing Minister in the UK Government launched a consultation document; it asks whether a new mandatory power of eviction should be available not just for drugs offences but for all antisocial behaviour?

We

Our lettings service LetLaw received a query from a landlord who asked whether it was necessary for him to have a written tenancy agreement with his tenant.

The short answer is yes! Section 38 of the Housing (Scotland) Act 1988 makes it a legal requirement for a private landlord to provide a tenant with a written tenancy agreement. If the landlord fails to do so, the tenant can apply to court for this documentation to be provided.

A tenancy agreement shouldn't be viewed as a

After many years of campaigning by trade unions, the Agency Workers Regulations 2010 are due to come into force on 1 October 2011 (and are not retrospective).

In general terms, agency workers will qualify for treatment equal to directly employed workers - that is equality in terms of basic employment conditions; after 12 weeks in the same role with the same hirer regardless of whether they have been supplied by more than one agency for part of that period of time. Basic working and employment

Will law reform change the impact of dying without a Will in Scotland? Society and family structures have changed considerably since the current law on succession came into force in 1964 and there is widespread support for the law to be updated to reflect this.

Current Rules
Where a person dies without a Will (intestate) his spouse/civil partner has prior rights to his estate:

• Deceased's share in the dwellinghouse occupied by him and the spouse/civil partner up to £473,000;
• House contents up to £29,000;
• Cash

The law in Scotland allows anyone to change his or her forename or surname legally at any time providing this is not to defraud. We are often asked how to legally change your name in Scotland.

Marriage, Divorce and Civil Partnership
Following marriage or a civil partnership you can use your birth name or your spouse's or partner's. A marriage or civil partnership certificate is sufficient proof to instigate this change.

If you divorce or dissolve a civil partnership an extract decree of divorce or

When going through a procurement process how do you ensure you are getting your framework agreements right?

What are framework agreements?

A framework agreement is a "contract" under the procurement regulations, but it is not a contract in the traditional sense. It is an agreement whereby a number of contractors are appointed to the framework, and the client may award specific contracts to any one of those contractors during the lifetime of the framework. However, there is no obligation on the client to do so.

What is a landlord's gas safety responsibilities? The Gas Safety (Installation and Use) Regulations 1998 require a landlord to ensure that any gas fitting (and any flue which serves any relevant gas fitting) is maintained in a safe condition.

The Health & Safety Executive (HSE) issued a safety letter in October 2008 regarding a potential risk regarding flues for gas boilers which were located in internal walls and which run through areas such as a ceiling void. Clearly such flues cannot be easily visually inspected.

Although the law on boundary walls/fences is relatively straight forward, the issue of ownership or maintenance, in practice, is sometimes a difficult and sensitive issue. A seemingly minor disagreement can quickly become a full-scale boundary dispute involving solicitors' letters and threats of court action.

With any boundary queries:

• At the outset you should review the relevant title deeds to see if there is anything which defines ownership or maintenance responsibility for the boundary feature.
• The information contained in the title deeds takes precedence over any

Powers of Attorney and Guardianship are often confused and I am regularly asked for advice on which is more appropriate. So Power of Attorney vs Guardianship, what's better? Although both concepts are regulated by the Adults with Incapacity (Scotland) Act 2000 and have similar effects, there are significant differences between the procedure for each.

What is a Power of Attorney?
A Power of Attorney is a legal document appointing someone to act for and make decisions on behalf of the granter. The Power of Attorney

In 2010 the Coalition government introduced proposals that will mean the demise of lifelong tenancy agreements. These proposals however will not affect Scotland as housing is a devolved issue for the Scottish parliament.

The plans are being debated at Westminster as part of the Localism Bill but current proposals include:
- the creation of a new tenancy in the social sector called the "flexible tenancy".
- a fixed tenancy for a minimum of two years. Tenants would not be guaranteed any extension to that initial

As a private landlord, you really need to be on the ball to avoid the pitfalls of Scottish tenancy law. One of the biggest danger areas involves the perils of picking the wrong date. This can occur in a number of circumstances. So how do you get the notice to quit date right?

The Short Assured Tenancy Agreement Scotland

• The law says that a short assured tenancy agreement must be for a minimum of six months. e.g. 8 December 2010 to 8 June 2011.
• Always