Two tenancy deposit scheme decisions issued by Edinburgh Sheriff Court have given some insight on how the courts are going to treat the sanctions available under the tenancy deposit scheme regulations in Scotland.

In Fraser and Pease v Meehan, the landlord had failed to lodge the deposit with the scheme and provide the prescribed information. He claimed he wasn't aware of the scheme and the duties that came with it, as he lived in Australia.

The Sheriff,

• reiterated the importance of the regulations in ensuring

Will English Tenancy Deposit Scheme Legislation impact on Scotland? A few months ago, the LetLaw team looked at the English case of Surpere v Nice where a landlord had failed to lodge the deposit with a tenancy deposit scheme.

The English courts have again looked at the tenancy deposit legislation and the impact on landlords if they fail to comply with their duties. As a health warning, it should be noted that the decisions of the courts in England are not binding on the Scottish

The UK Government's Welfare Reform Bill will introduce a bedroom tax which will reduce the amount of housing benefit support that can be given to tenants in the social rented sector by introducing new criteria for working-age housing benefit claimants who have extra bedrooms.

People who are judged to be "under occupying" their home by one bedroom will have their housing benefit cut by 14 per cent. Where tenants are under occupying by two or more bedrooms the deductions will be 25 per cent.

The

The Land Registration (Scotland) Act 1979 introduced Scotland to a map-based Register as a means of recording land ownership in Scotland. The map-based system is backed by a state guarantee and provides information and identification of registered subjects with certainty. Legislation identifies what information must be supplied at the time of registration and Registers of Scotland have published guidance on deed plan criteria. It is now the case that any newly prepared plan that does not adhere to the guidelines is not likely to be

A Short Assured Tenancy Agreement in Scotland is the most commonly used type of tenancy in the private rented sector. The following outlines the basics of a short assured tenancy agreement for both landlords and tenants in Scotland.

What is a Short Assured Tenancy (SAT)?

A special type of 'Assured Tenancy' which lasts for a minimum period of 6 months.

Why use a Short Assured Tenancy Agreement in Scotland?

In Scotland, landlords often favour SATs because they can recover possession of the property at the

Do you know about Wills, inheritance tax planning and how this affects charity donations? Giving to charity is something which most people will become involved in at some point during their lifetime, whether that be through fundraising efforts, occasional donations or regular standing orders. However, did you know that you can also provide for your favourite charities on your death through your Will in Scotland? Have you thought about giving to charity in your will?

How can I provide for charities on death?

The simple

Is asbestos a continuing concern for organisations or a thing of the past? Well, the answer is: a bit of both really.

Although asbestos has been banned throughout the UK since the 1980s and all related materials ceased to be used prior to the end of the last century - regulations governing asbestos within commercial premises have recently been introduced.

It cannot be argued that these regulations and those within the Control of Asbestos at Work Regulations 2002 are not of continuing relevance to commercial

All three of the tenancy deposit schemes in Scotland approved by the Scottish Government are now operational! The many different aspects of the tenancy deposit scheme in Scotland have been covered on our blog before however with the official operational date of 2 July 2012 having passed, it would be a good time to remind landlords of the timescales involved to ensure they are complying with their duties. Rest assured, there is no need to panic just yet!

Landlords in Scotland will need to lodge

The Government has opened a consultation on their proposed Community Empowerment and Renewal Bill. It is an open consultation and the Bill will be drafted in light of the responses received.

Current Law

Currently a rural community with a population of less than 10,000 can register an interest in a piece of land and be given the first opportunity to buy it if it comes up for sale; as long as the community is able to demonstrate:-

• community support for the purchase; and
• positive economic,

Why are individuals in Scotland reluctant to put a Power of Attorney in place? The reality is that many are concerned about losing control over their finances and assets. In fact, most people put a Power of Attorney in place as a rainy day document and their Attorney does not have authority to act straight away. So when is a power of attorney effective in Scotland?

I don't want my Attorney to act immediately - what do I do?

Most people grant a Power of

Section 75 Agreements have been part of the planning process for some time. In recent years their use has increased as a means of addressing issues which may flow from a planning application. The Scottish Government issued guidance setting out Policy Tests which must be met before a Section 75 Agreement is to be used. Section 75 Agreements do not replicate planning conditions, instead they introduce planning obligations.

The Policy Tests are as follows:

• Should be necessary;
• Should serve a planning purpose;
• Should be related

The Scottish Government recently published its Social Care (Self-directed Support) (Scotland) Bill, which aims to make self-directed support in Scotland a mainstream choice for those receiving care in Scotland. The Government has pledged almost £40 million over the next three years to support the rollout of self-directed support throughout Scotland.

What is self-directed support?

Self-directed support is designed to give those who receive care (supported persons) more power to direct their own care and support, to make more informed decisions about their care and to control

When selling a Right to Buy property, you need to check if the cost floor is relevant. Do you know what the cost floor is?

The cost floor is the accumulative total spent for a property during the last ten financial years (from date the application to buy was received).

This spend includes:

• renovation costs (e.g. bathrooms, kitchens)
• improvements (e.g. cladding works)
• even the cost to build the property or acquire it from another owner

It should also be remembered when calculating the relevant cost

Are you aware that the Private Rented Housing (Scotland) Act 2011 is proposing that all landlords will have to provide a tenant information pack in future?

The aim of this Act is to support responsible landlords and address more effectively the problems caused by landlords who act unlawfully, by strengthening the regulation of the private rented sector. One of the proposals within this Act was the introduction of a 'Tenant Information Pack' for all private sector tenants.

The Government have now indicated that they wish

The Private Rented Housing Act 2011 in Scotland will introduce changes (including changes to the HMO licence) which will affect all landlords in the private rented sector, with its various parts coming into force in stages. The following provisions will amend the existing Houses in Multiple Occupation (HMO) licence regime and are due to come into force on 31 January 2012.

Firstly, a local authority will have the power to refuse to consider an application for an HMO licence, where it considers that occupation of

At the start of a New Year, you may be turning your thoughts to putting your affairs in order. As part of this, you should consider granting a power of attorney in Scotland. Read on for our top 5 questions and answers on Powers of Attorney.

1. What is a Power of Attorney?

• A written legal document giving someone else authority to act on your behalf
• It ensures your financial affairs and personal welfare can be dealt with/protected if you are unable to act yourself,

Japanese Knotweed is innocuously - even exotically - named but can prove to be a persistent and costly problem if it is found on your land. As an extremely invasive species, Knotweed can take over gardens, as well as potentially damage buildings, if not eradicated properly. Do you need legal advice for Japanese Knotweed in Scotland?

What can you do if Japanese Knotweed is spreading to your property?

Knotweed can also prove to be a significant problem if it is growing on a neighbouring property

Many landlords are unaware of their duties under the Homelessness (Scotland) Act 2003 when raising court proceedings against a tenant for eviction. What are a landlord's duties when evicting a tenant?

Section 11 of the Act states that;

a landlord when raising proceedings for repossession must give notice to the local authority in whose area the property is situated. Said notice should be given when the court action is raised against the tenant.

It is not sufficient for the landlord to simply write to the

Ever wondered what happens if you want to purchase land from an unknown owner?
When a land title is in the name of a dissolved company (or where no owner can be identified) ownership will transfer to the Crown.

What happens if I want to buy the land?
Potential purchasers will have to contact the Queen's & Lord Treasurer's Remembrancer (the QLTR) to obtain the title.

When initially contacting the QLTR, evidence that the company in question has been dissolved should be provided, along with

We often hear from frustrated landlords who despite serving notices on their tenant, are advised that the local authority will not re-house them, forcing the landlord to raise an eviction action to repossess their property. For landlords who have been through the legal process, an eviction action can be both lengthy and costly. So will the local authority re-house my tenant following eviction?

Are Councils obliged to rehouse a tenant?

The Council must assess homeless applicants to decide whether or not they are entitled to