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 […]
Companies House Reforms – Verification of Directors and PSCs
The Economic Crime and Corporate Transparency Bill is progressing its way through Parliament and is at the report stage in the House of Lords. This Bill has been proposed to tackle money laundering in the UK, which is costing more than £100 billion each year. There are major changes coming to Companies House in terms of […]
Continuation of Rent Cap and Eviction Moratorium for PRS
The Cost of Living (Tenant Protection) (Scotland) Act 2022 The Cost of Living (Tenant Protection) (Scotland) Act 2022 introduced an eviction moratorium (applicable to the majority of eviction grounds) in addition to a rent freeze, with increases capped at 0%. These emergency provisions applied across both the social and private sector and were to be […]
Can a Landlord Serve a Notice to Leave in Anticipation of Arrears?
The Private Residential Tenancy regime provides that ‘it is an eviction ground that the tenant has been in rent arrears for three or more consecutive months’ (Ground 12 of Schedule 3 of the Private Housing (Tenancies) (Scotland) Act 2016). There appears to have been a perception that a landlord could serve a Notice to Leave […]
Parental Bereavement Leave – What You Need to Know
In January 2020, the government confirmed that paid parental bereavement leave will be introduced for eligible employees on 6 April 2020. Here we look at the new entitlements, and discuss how employers can support staff going through a bereavement. Quite amazingly, there has been no legal obligation for employers to provide paid time off for grieving […]
Beware Bills for Balcony Repairs!
Having dealt with a number of queries involving balcony repairs in both tenements and flatted dwelling house complexes, it is useful to learn lessons from the experience of others. The recurring question of ownership was highlighted in a recent case, Speirs Gumley Property Management v- Lafferty. Factors for a development in Paisley carried out ‘necessary repairs’ […]
Sexual Harassment in the Workplace – EHRC Guidance
The Equality and Human Rights Commission (EHRC) has published new guidance in relation to sexual harassment and harassment in the workplace. In this blog we will look at the guidance, and what it means for employers. The Equality Act 2010 prohibits discrimination and harassment because of, or related to, one or more of the nine protected characteristics […]
‘Notifiable Events’ Requirement for Charities
Charities may be aware that Office of the Scottish Charity Regulator (OSCR) are asking all charities to report Notifiable Events. Whilst there is no legal requirement to report an event, OSCR are keen to encourage charities to report to them when there has been a significant event which may or may not have a negative […]
What Does the Cost of Living (Tenant Protection) (Scotland) Act 2022 Mean for Landlords?
The Cost of Living (Tenant Protection) (Scotland) Act was passed on 6th October 2022. It is the first Act of the Scottish Parliament to receive Royal Assent from King Charles III and became law on 28th October 2022. But what does it mean for landlords? The Act was introduced to the Scottish Parliament as emergency […]
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 […]
