As we approach the end of 2024, it is useful to recap on the events of the last 12 months in the private rented sector in Scotland.

Key Changes

On 1 March 2024 new measures were added to the Repairing Standard such that existing duties were increased and/or clarified.  Here is a link to the Scottish Government guidance providing details of the  measures. Supporting documents - Repairing Standard: statutory guidance for private landlords - gov.scot

26 March 2024 saw the introduction of the Housing (Scotland)

When common property in a tenement, i.e. any building divided horizontally to form separate units, falls into disrepair any owner or any factor must look to the title deeds to determine how to proceed to make a repair. Failure to follow any procedure outlined in the titles may result:

1. In a requirement to stop such work, and

2. An inability to collect a share of the costs of such works from other owners.

If the titles are silent on these matters or individual titles

You have been appointed as a continuing (financial) attorney and now require to use your powers.   Any actions taken by you or decisions made by you should comply with the guiding principles  of the Adults with Incapacity (Scotland) Act 2000 and you should look at the Codes of Practice for Attorneys in Scotland. 

Your duties:

1. Ensure the Power of Attorney document has been registered – it requires to be registered to be invoked.
2. Capacity is decision specific. You should first ensure the granter lacks

The repairing standard which covers the legal and contractual obligations of private landlords to ensure their properties meet the minimum standard of repair was updated on 1^st March 2024. The new provisions extended the obligations to include the common parts of multi-occupancy buildings. The duties on private landlords increased, meaning that a tenant of a private rented flat in a tenement must be able to safely access and use any common parts of that tenement. Common parts may extend to shared refuse areas, common

A recent case in the English High Court of Justice – Rolfe v Veale Wasbrough Vizards LLP – considered when a data controller may be liable for a superficial data breach, such as where non-sensitive correspondence is sent to the wrong person.

In this case, the Defendant acted for a school. An employee of the Defendant had written an email for the Claimants – two parents and their daughter – containing the Claimants’ names, address, and school fees owed. A typographical error meant the email

The UK General Election in summer 2024 saw the end of the previous Government’s proposed changes to data protection law. With few (if any) parties including data protection reform on their election manifestos it wasn’t clear if changes to UK data protection law would be pursued.

This all changed on 17 July 2024 where the King’s Speech indicated the new Labour Government would look to introduce a new “Digital Information and Smart Data Bill” which, in part, was intended to change aspects of data protection

TC Young has welcomed 6 new Trainee Solicitors to its training programme, across our Glasgow & Edinburgh offices. This brings the number of Trainee Solicitors currently with the firm up to 10.

The new Trainees are Chloe Mather (Family, Edinburgh), Olivia Smith (Private Client, Edinburgh), Lewis Marchand (Residential Conveyancing, Glasgow), Rory Guild (Property, Edinburgh), Paulette Campbell (Property, Glasgow) & Spencer Wilson (Private Client, Glasgow).

Embarking upon her Traineeship with the firm, Olivia Smith commented:

“Having spent the previous year working at TC Young as an

The Procurement Act 2023 (the Act) brings significant changes to the UK procurement regime and was originally intended to come into force in October 2024. However, in a statement made on 12 September, the UK Government confirmed a delay until February 2025.

The Act is intended to simplify the procurement regime and increase transparency in the award of public contracts for works, goods and services. It represents a major change from existing procurement rules which are based on EU procurement law.

However, the Act coming

Did you know that TC Young is an Edinburgh Solicitors Property Centre (ESPC) Chartered Firm?

The ESPC Charter is a quality standard that some ESPC Solicitor Estate Agent member firms have signed up to and details the higher service levels that can be expected from a Chartered Firm, including:

• continuous professional development
• being subject to an annual mystery shopper exercise
• incorporating and being mindful of ESG responsibilities
• working towards the UK commitments to be net-zero by 2050.

In December of 2023, Yvonne Wonnacott in our

Reinforced autoclaved aerated concrete (RAAC) is a lightweight material that was used between the 1950s and 1990s, predominantly in the construction of flat roof sections but also in floors and walls.  This material has a limited lifespan of around 30 years and has been found to be susceptible to structural failure particularly when exposed to moisture. RAAC panels were often coated with bitumen or similar moisture retardant substances but the concrete beneath this coating layer can still be compromised and the Health and Safety Executive

Force majeure clauses which relieve a party from performing its obligations under a contract during the occurrence of an extraordinary event beyond the control of the parties such as war, riot or sudden legal change (Force Majeure Event) have for many years been a perennial feature of construction, and often other services, contracts.  

Whilst precise terms vary, force majeure relief usually applies where a Force Majeure Event has occurred despite parties using reasonable endeavours to prevent the Force Majeure Event from affecting contract performance

TC Young are delighted to announce that Nina Derrin, Associate in the firms Edinburgh office, has recently attained accreditation with the Law Society of Scotland as a Family Law Mediator.

Family mediation accreditation from the Law Society of Scotland is only granted once a solicitor has undertaken and completed the required rigorous training and has been assessed by a Panel of mediation experts. This accreditation compliments Nina’s recent appointment to the list of Child Welfare Reporters in the Sheriffdom of Lothian and Borders.

Mediation is

Whilst in practice it is still relatively rare for directors to face personal liability – its potential should not be ignored. Examples of where personal liability may arise include the following:

Fraudulent/Wrongful Trading

Under the Insolvency Act 1986:

A director is liable for trading for a fraudulent purpose or for money or property that has been misapplied and may be liable for debts of a liquidated company if the director knew or ought to have concluded that there was no reasonable prospect of the company

There have been a number of recent appeal decisions from the Upper Tribunal dealing with the issue of ‘reasonableness’ when considering whether an eviction order should be granted.

In one decision, Sheriff Collins, KC, in a case where the tenant had put forward no “defence” emphasised that the granting of an eviction order is still a matter for the Tribunal’s discretion. Obtaining an order is not ‘automatic’ even in an undefended case.

He stated that  “The question of whether it is reasonable or not

The Housing (Scotland) Bill: An Initial Overview
After much anticipation, the new Housing (Scotland) Bill was published in March. The Bill is set out in 7 parts, and we will be issuing further updates on each of those parts in due course – the devil is certainly in the detail (or potentially lack of detail) in this Bill.

The 7 parts – and the main takeaway(s) from each - consist of:

a.  Rent Controls – rent control areas and restrictions on rent increases;

b.  Eviction –

TC Young are delighted to announce that Evelyn Wallace, Associate, has recently attained accreditation with the Law Society of Scotland as a Family Law Mediator.

Family mediation accreditation from the Law Society of Scotland is only granted once a solicitor has undertaken and completed the required rigorous training and has been assessed by a Panel of mediation experts. This accreditation complements Evelyn’s achievement last year in becoming accredited in trauma informed practice.

Mediation is a voluntary process which aims to provide disputing parties the

There have been two registers operating for land in Scotland for some time. The older Sasine Register is a deed-based register which relies on descriptions contained in the title deeds themselves, often with no reference to a plan to identify the extent of any land, and property registered.

The Land Registration (Scotland) Act 1979 introduced a new map-based Land Register in 1981 which plots the extent of any individual title on a digital cadastral map of Scotland. The cadastral map is itself based upon the

When does my organisation need a DPIA?

Registered Social Landlords (RSLs), as well as other organisations are subject to the UK General Data Protection Regulation (GDPR), and Article 35(1) requires that a Data Protection Impact Assessment (DPIA) should be undertaken before beginning any type of processing which is 'likely to result in a high risk.' This means that you will have to consider, prior to conducting a DPIA, several factors which might have potential for a widespread or serious impact on the individuals whose personal

TC Young are delighted to Announce that Neil Matheson was awarded Associate of the Year at the inaugural Scottish Professional Awards on Friday evening.

These awards shine a spotlight on the Professional and Business Services (PBS) sector which covers a range of diverse knowledge-intensive industries which provide specialised support to businesses.

Senior Associate within TC Young’s Litigation Department, Neil heads up the Dispute Resolution team within the department. His role is varied and involves balancing supervision of younger solicitors, as well as managing his own

Social landlords will regularly be faced with anti-social behaviour (ASB) by tenants. This article outlines some options to tackle ASB, where internal policies have been exhausted and there has been no improvement in the tenant’s behaviour.  

Anti-Social Behaviour Orders (ASBO)

An Anti-Social Behaviour Order (ASBO) is a preventative measure that can be taken to stop a tenant from behaving anti-socially.

You can raise a Summary Application for an ASBO against anyone over the age of 12. An ASBO is a Civil Order granted by