As the Co-operative and Community Benefit Societies Act 2014 ( the Act) regulates all but a small number of Scottish RSLs the Law Commission Consultation on its reform is important.
Key issues that have been raised on behalf of the sector are:
Definitions of (a) Co-operative and (b) Community Benefit Society
A community benefit society (CBS) is defined as a society carrying on any business for the sole benefit of the community with voluntary membership open to all on a one member one vote basis
In another blog, we discussed Data Protection Impact Assessments (DPIAs) and whilst much like DPIAs, Legitimate Interests Assessments (LIAs) are used by organisations to undertake risk assessments when processing personal data, they are distinguishable from one another to the extent that they are required in differing circumstances.
When does my organisation need a Legitimate Interests Assessment?
Under the UK General Data Protection Regulation (“GDPR”) Article 6(1), organisations must have a lawful basis for processing personal data. One of the lawful bases is legitimate interests which
TC Young’s Top Tips for First-Time Buyers
Buying your first home is an exciting and life-changing milestone. However, navigating Scotland's unique property market can feel daunting without the proper guidance. As a first-time buyer, you’ll encounter a range of unfamiliar processes, costs, and decisions that can seem overwhelming.
As someone trying to get on the property ladder and working as a trainee solicitor in TC Young’s Residential Property team, I understand these challenges firsthand. Throughout my time in TC Young's residential property team, I've gained
What are common costs?
Owners of ‘flats’ within a tenement are not only responsible for repairing and maintaining their own individual property but also have a joint responsibility to contribute towards the common costs incurred to upkeep the common parts of the tenement. This may include the common stairs, close and anything else listed in the title deeds.
Common costs can be shared amongst owners through various methods. Ideally, the properties’ title deeds will identify the method, such as by a defined percentage or fraction.
Land and Building Transactions Tax (LBTT) is a tax applied to residential and commercial land and building transactions (including commercial leases) where a chargeable interest is acquired. Where a notifiable lease has been granted on or after 1 April 2015 then an LBTT return must be submitted by the tenant within 30 days of the effective date (the date the transaction completes). Even where no tax is payable a return may be required.
When is a lease notifiable?
Every commercial lease in Scotland is notifiable
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:
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 1st 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:
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 –
