Short-term Lets Licensing Regime
Deadline for existing host/operator applications: 1 October 2023 The mandatory licensing scheme for short term let properties commenced on 1 October 2022 in Scotland. After 1 October 2022, new operators of short-term let accommodation required to have a licence before taking any bookings or receiving guests. Existing hosts or operators (operating before 1 October 2022) […]
English Solicitors instructed in Scottish Court Proceedings. Are the expenses recoverable?
This is the question that faced judges in the Inner House of the Court of Session recently in the case of Kirkwood v Thelem Assurance [2023] CSIH 30. Dr Kirkwood had been injured by a motorist while she was on Holiday in France in 2015. She raised an action for compensation in the Court of Session […]
Companies House Reforms – Filing at Companies House and ID Verification
At the time of issuing this blog, the Economic Crime and Corporate Transparency Bill is still progressing its way through Parliament and is currently at the 3rd reading in the House of Lords. To reiterate information from our earlier blog on this subject (which can be found here – Companies House Reforms – Verification of Directors and […]
Private Sector Tenancy Update
Continuation of Rent Cap and Eviction Moratorium On 1st June 2023, Scottish Ministers published plans to extend the Cost of Living (Tenant Protection) (Scotland) Act 2023. The publication can be found here Plans to extend protections for tenants – gov.scot (www.gov.scot) Additionally, Scottish Ministers published the draft regulations which, if approved by the Scottish Parliament, will […]
Moveable Transactions (Scotland) Bill
Scots Law has always had problems in providing creditors with fixed security (i.e. a security ranking prior to all other claims) over assets other than land. Examples include: That is because: a) Physical assets can only be secured if they are in the creditor’s possession which is impractical if the debtor requires to use them as […]
The New Charities Bill
The Charities (Regulation and Administration) (Scotland) Bill is designed to provide a series of practical improvements to problems which have arisen since the coming into force of the Charities and Trustee Investment (Scotland) Act 2005. Key changes are: Information held by OSCR A criticism often been levelled at Scottish charity legislation is the paucity of publicly […]
Cost of Living (Tenant Protection) Provisions Extended
Private Sector Tenancy Update Following publication of the draft Regulations, our earlier blog discussed the expected continuation of the rent cap and eviction moratorium, which have been in place since October 2022. Last week, the Scottish Parliament passed the Cost of Living (Tenant Protection) (Scotland) Act 2022 (Amendment of Expiry Dates and Rent Cap Modification) Regulations 2023 […]
Divorce Day – How Do I Get Divorced?
The start of a new year is always a busy time for Family Lawyers dealing with divorce matters. This year 9 January 2023 was even deemed as “Divorce Day”. If you are thinking about divorce then you should seriously consider speaking to a family lawyer. GROUNDS OF DIVORCE A family solicitor will explain the grounds […]
Deadline for Repairing Standard Changes: 1 March 2024
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 came in to force on 1 March 2019 Further changes are set to take effect on 1 March 2024. The following will become requirements of the Repairing […]
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 […]