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
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
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
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 –
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
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
On 1st November 2023 the Scottish Government published its proposals to reform external wall cladding and improve fire safety in blocks of flats which measure or exceed 11 metres in height. The Local Government, Housing and Planning Committee invited views from the public through a Consultation. This recently closed and the Bill has progressed to Stage 2. A meeting is scheduled for 23rd April 2024 to discuss proposed amendments. The Scottish Government’s stated ambition post Grenfell is to bring forward legislation to “reduce
Are you a charity? Are you aware of the changes which are coming into force as of 1 April 2024?
As from 1 April 2024, various elements of the Charities (Regulation and Administration) (Scotland) Act 2023 will be coming into force and will include:
A brief summary of these
On 13 February the Scottish Housing Regulator (SHR) published its new Regulatory Framework which will apply from 1 April this year. The new Frameworks publication follows a consultation with key stakeholders undertaken by SHR.
Much of the existing Regulatory Framework has been retained. However, some key differences include:
Since the Economic Crime and Corporate Transparency Act became law in October 2023, changes and processes are currently being put in place at Companies House with the first tranche of changes intended to take place as from 4 March 2024. It should be noted that this requires secondary legislation to bring it into force however companies should be aware and ready for any changes required.
This blog is one of a series which will highlight the forthcoming reforms that the new Act will bring into
We are experiencing an increase in enquiries relating to resident Wardens accommodation within sheltered housing developments owned by RSLs. With advances in technology in remote alarm systems and older persons generally becoming more independent, there is a trend of proprietors in sheltered housing developments opting to replace their live-in resident warden with a non-resident visiting manager.
This change results in an additional property becoming vacant within the development, this can result in additional benefits for both existing residents and the RSL proprietor as the property
Are you a property factor? Are you owed over £5,000 in factoring debt from an owner? If so, a petition for sequestration may be a way to recover these debts. Sequestration, otherwise known as bankruptcy, is a means for debt recovery, where the debt is £5,000 or more, and is commonly identified as the process where a debtor is deemed insolvent. Sequestration is often identified as the most drastic form of debt recovery that a creditor may wish to take against a debtor.
If an
The Scottish Ministers have recently revised the public procurement thresholds for Scotland to ensure they are in line with the World Trade Organisation's Government Procurement Agreement (GPA). The updated thresholds apply to procurement exercises which commence on or after 1st January 2024, and will remain applicable until 31st December 2025.
As with the last threshold revisions made for 2022 to 2023, where VAT may be payable under a contract, purchasers must ensure that an allowance for VAT is included within the estimated value
On 26 October 2023, the Economic Crime and Corporate Transparency Act received Royal Assent. The Act has been put in place to tackle money laundering in the UK. There are major changes coming to Companies House in terms of the Act, which will change Companies House role from a recipient of information to a more active gatekeeper in the fight against financial crime.
Over the last few months, we have been producing a series of blogs to highlight the forthcoming reforms that the new Act will bring
