Rent-freeze and Eviction Ban Legislation Receives Royal Assent
Emergency legislation introducing a rent cap and a temporary moratorium on evictions until 31 March 2023 has now become law. The Cost of Living (Tenant Protection)(Scotland) Bill received Royal Assent on 27 October and will become law as the Cost of Living (Tenant Protection)(Scotland) Act 2022 from 28 October. It follows the First Minister’s statement […]
Sequestration Limits Lowered to £5,000
On 30 September 2022, the limit for pursuing sequestration was lowered from a minimum balance outstanding to the creditor(s) pursuing sequestration of £10,000 to £5,000. As a result of the Covid-19 pandemic, the limit was originally increased to £10,000 to support those suffering financial hardship. A reduction in the limit for sequestration means that creditors […]
FAQs: Winter Eviction Ban and Rent Freezes for RSLs
On 6 September 2022, the First Minister announced that emergency legislation would be introduced to freeze rents and impose a temporary moratorium on evictions throughout winter in an effort to combat the cost of living crisis. The measures are expected to apply to both the Private Rented Sector (PRS) and Registered Social Landlords (RSLs) and will remain […]
Abandonment of a Scottish Secure Tenancy
Knowing your rights as a Registered Social Landlord (RSL) when dealing with an abandoned property is essential to avoid any legal headaches in the future. Perhaps your tenant has been out of contact, falling behind on their rent, and the piles of unread letters on their doorstep suggest they have abandoned the property completely. But […]
How are RSLs Affected by FOI Regulations?
Freedom of Information (FOI) was extended to apply to Registered Social Landlords (RSLs) from November 2019 through an Order made by Scottish Ministers. This means RSLs now have a legal duty to provide the public with certain information. However, there has been uncertainty over what exactly RSLs must disclose under the Freedom of Information (Scotland) […]
Procurement Considerations When Your Contractor Requests an Uplift in Rates
We have recently been approached by a number of our Registered Social Landlord (RSL) clients whose contractors have requested uplifts on their tendered contract rates. An amendment to the contracted rates would be a modification of the contract during its term. Here we consider the procurement law implications of making changes to a contract after […]
Contractors In Financial Difficulties: What Can RSLs Do?
A key contractor entering into insolvency can cause major issues for Registered Social Landlords (RSLs). Steps will need to be taken to secure continuity of key services whilst also ensuring that various legal and regulatory obligations (such as public procurement and value for money) are achieved. With corporate insolvencies in Scotland rising by 49.1% in the […]
What is the Sustainability Reporting Standard for Social Housing and Should RSLs Sign Up?
“Sustainability” is now a significant factor in Registered Social Landlord’s (RSLs) day-to-day business decisions and this article considers the drive towards capturing and measuring an RSL’s sustainability credentials. The Sustainability Reporting Standard In 2020 the Sustainability Reporting Standard for Social Housing (SRS) was drawn up by the ESG social housing working group composed of professionals […]
Changes to Eviction Actions – Sheriff Court Practice Note Update
Please note that a practice note has been issued by the Sheriffs Principal of the six Scottish Sheriffdoms introducing guidance which will apply to all eviction actions in all sheriff courts throughout Scotland. This new practice note takes effect from Wednesday 13 July 2022. We would advise that we had no prior notice of this practice […]
What is a Gifted Deposit for First Time Buyers?
Gifted Deposit/First Time Buyers Buying a property for the first time is a daunting experience at the best of times, however, the post COVID spike has made securing a place on the property ladder especially treacherous. According to provision statistics from the Registers of Scotland, the average price of a residential property in April 2022 […]
