From LIBOR to SONIA – Technical Adjustment or Substantive Shift?
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 […]
Laying Strong Foundations: Qualifying Occupiers
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 […]
ONS Reclassification of Registered Social Landlords as Private Bodies
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. […]
Extending Freedom of Information to the RSL Sector
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 […]
Occupiers Liability – what level of care is required?
The Occupiers Liability (Scotland) Act 1960 has given rise to a raft of case law recently. 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 […]
Introduction Dates For The Housing (Scotland) Act 2014
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 […]
Public Contracts and the GDPR
With less than a month to go before the implementation of the GDPR it is crucial that existing and future public contracts comply with the new legislation. What will change in respect of public contracts and the GDPR? The Scottish Government has published a Policy Note on the impact the GDPR will have on public […]
To Report or Not Report a GDPR Breach?
Under the General Data Protection Regulation (2016/679), a Data Controller is under a strict obligation to report a GDPR breach to the Information Commissioner’s Office (ICO) in the event that it meets certain requirements. Time frame for reporting You must report a personal data breach, under Article 33, without undue delay and not later than 72 […]
The Role of the Data Protection Officer in RSLs
A Data Protection Officer (DPO) is the individual who is responsible for an organisation’s overall compliance with the GDPR (General Data Protection Regulation). The GDPR makes it mandatory for a DPO to be appointed for any organisation which is a public body. The definition of public body is taken from Freedom of Information legislation and […]
Anti-social Behaviour Case Study – Court Approach
Eviction cases based on anti-social behaviour are always difficult and although they invariably turn on their own particular facts and circumstances, it is possible to draw guidance from the approach of the Courts in previous cases. A recent example is the case of Midlothian Council v Lee Greens. This was an action for recovery of possession […]
