The Price of a Data Breach
We previously blogged about data protection breaches under the General Data Protection Regulation (GDPR) and how to deal with the aftermath. Since then, the Information Commissioner’s Office (ICO) has issued its first fine using the GDPR, which came into force in May 2018, and accompanying Data Protection Act 2018. Under previous legislation, the maximum monetary penalty that […]
Trust Deeds and Sequestration in the Social Housing Sector
It is a frustrating situation for Registered Social Landlords (RSLs) when tenants become insolvent and any outstanding debt becomes irrecoverable. Below we answer some common questions around tenants signing trust deeds and sequestration. Are we obliged to write off any debt? At what stage do we do so? When a tenant enters into a trust […]
New Fire and Carbon Monoxide Detection Loan Scheme for RSLs
From 1 February 2021 Registered Social Landlords (RSLs) will need to ensure that the fire and carbon monoxide detection systems in their residential properties meet the new ‘tolerable standard’. The Scottish Government has introduced a loan scheme in order to assist RSLs implement the changes that may be required. For a further explanation of the […]
Freedom of Information: New Guidance Published for RSLs and their Subsidiaries
The Scottish Information Commissioner (SIC) has recently published two sets of guidance on Freedom of Information (FOI), Registered Social Landlords (RSLs) and the terms of the Order which brings RSLs under the FOI regime. The guidance relates to: RSLs should read the new guidance on Freedom of Information and be aware of the following key points: The […]
Property Factors Should We Register?
The Property Factors Scotland Act 2011 required all property factors to register on the newly formed Register of Property Factors. Failure to register is a criminal offence punishable by a fine or even imprisonment! Given the sanctions which exist it is important to be clear who is under an obligation to register. This is still proving a […]
What Does Freedom of Information Mean for RSL Procurement?
Office equipment; repair services; boilers; stationary and much more are bought by Registered Social Landlords (RSLs) as a matter of course. Sometimes it’s simple for an RSL to buy things, other times it’s more complex and subject to public procurement law. No matter what, information about what they are buying will be given to the […]
Changes to the Property Factor’s Code of Conduct: Factoring in the Equation
Are you a Registered Social Landlord engaged in property factoring? Are your factoring practices robust and ready for upcoming changes to the Property Factor’s Code of Conduct? The Property Factors (Scotland) Act 2011 is 6 years old and created a statutory framework providing protections for homeowners who receive services from a property factor. As part […]
Freedom of Information is Coming to the RSL Sector
On 11 November 2019 all Scottish RSLs will become subject to Freedom of Information (FOI). This will give members of the public the right to request information that RSLs hold. Whilst RSLs are currently required to respond to public requests for environmental information, the draft ‘Order‘ published by the Scottish Government on 08 February will mean […]
Evicting Criminal Tenants in 2019: What is Changing for RSLs?
Registered Social Landlords (RSLs) are entitled to terminate a Scottish Secure Tenancy and recover the property where a tenant (or someone residing with or visiting them) has been convicted of a criminal offence. Provision for this is made in Ground 2 of Schedule 2 of the Housing (Scotland) Act 2001. What changes are coming into […]
Fire Safety Changes on the Horizon
The Scottish Government is due to introduce new legislation regarding fire and smoke detectors in the aftermath of the Grenfell Tower tragedy. The Housing (Scotland) Act 1987 (Tolerable Standard) (Extension of Criteria) Order 2019 is due to come into force on 1 February 2021 and will extend the ‘tolerable standard’ set out in section 86 […]
