Deadline for Repairing Standard Changes: 1 March 2024
*The Scottish Government has published further guidance since this blog was first published in March 2023.The Repairing Standard Statutory Guidance (January 2024) is accessible here: (link: https://www.gov.scot/binaries/content/documents/govscot/publications/regulation-directive-order/2024/01/repairing-standard-statutory-guidance-private-landlords/documents/repairing-standard-statutory-guidance-private-landlords/repairing-standard-statutory-guidance-private-landlords/govscot%3Adocument/repairing-standard-statutory-guidance-private-landlords.pdf) In 2019 the Housing (Scotland) Act 2006 (Modification of the Repairing Standard) Regulations 2019 took effect. See our earlier blog: Changes to the Repairing Standard for a summary of the changes that […]
Private Sector Tenancy Update: Continuation of Rent Cap and Eviction Moratorium
Scottish Ministers have published the draft regulations which will extend the eviction moratorium in both the social and private rented sector to 30 September 2023. The Regulations can be found here. Landlords remain entitled to serve notice and raise eviction proceedings. The moratorium only delays the enforcement of eviction orders granted on particular grounds. There […]
Earnings Arrestment – What Can You Recover?
We are often asked by clients for advice on debt recovery. Obtaining a Payment Decree from the Court (or Order for Payment from the First-tier Tribunal Housing and Property Chamber) might be the first step. Once a Decree is granted, it is a matter for the creditor to pursue the debtor until money is actually […]
How Do I Get an English Court of Protection Order Recognised in Scotland?
In England when an adult lacks capacity to make decisions for themselves, someone on their behalf can make an application to the Court of Protection in England, for a decision to be made about the incapable person’s welfare and/or finances. A Deputy may then to be appointed by the Court. The Deputy acts as the […]
Data Protection and the Importance of Data Processing Agreements
A recent decision involving the EU General Data Protection Regulation (GDPR) in Poland has highlighted the increased responsibilities on organisations to protect any personal data that they hold on behalf of individuals. This case highlighted in particular the necessity of having a written contract in place covering certain data protection matters where one organisation is processing […]
What’s the Difference Between Power of Attorney and Guardianship?
Often people will ask – what is the difference between a Power of Attorney and Guardianship or if one is better than the other? Our simple guide below explains the difference. Power of Attorney Power of Attorney is a legal document which you (‘the grantor’) grant in favour of another person (‘the attorney’) to make […]
Changes to Inheritance Tax?
The Office of Tax Simplification (OTS) has made some recommendations and proposals to make changes to Inheritance Tax. Whilst these proposals may look good on the surface, do they actually lead to the elimination of some useful tax breaks such as taper relief? Timescales A welcome proposal made by the OTS is the reduction of the […]
Lifting the Ban on Evictions in Scotland
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 […]
Tenancy Deposit Scheme Reminder
It’s rarely in the best interests of a landlord/tenant relationship to have to move a disagreement over deposits to court proceedings. In some instances though, it is an inevitable result of a landlord not adhering to the Tenancy Deposit Schemes (Scotland) Regulations 2011. Between December 2017 and June 2019, there were over 200 cases where the […]
I’m Appointed As An Executor – What Are My Responsibilities?
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 […]
