Protective orders are often referred to as restraining orders. The current Civil protective orders are an Interdict and a Non Harassment Order.

Interdict
An Interdict is to prevent another person from doing something illegal towards you. This could be for example verbally abusing you, physically assaulting you or destroying or vandalising your property. A Power of Arrest can be attached to an Interdict. This means that if the person ignores the Interdict and acts illegally towards you then you can telephone the Police and the

At the end of this month, the eviction moratorium introduced by the Cost of Living (Tenant Protection) (Scotland) Act 2022 (the 2022 Act) will come to an end.  But what is the practical impact for private landlords?

Since its introduction in October 2022, the eviction moratorium has not "banned" evictions. Instead, it has operated to delay the enforcement of the majority of eviction orders for six months. Eviction on certain grounds (such as anti-social behaviour or significant rent arrears) have remained enforceable in the usual

Can I keep driving my car after rejecting it under the Consumer Rights Act 2015?

This was the issue facing the court in a recent in a recent case we were instructed to act on behalf of the successful appellant - Alan King v Black Horse Limited [2024] CSIH 3. Found here.

Mr King had claimed his car was faulty after purchase and intimated his rejection of the car because of these faults. After the rejection of the car, Mr King continued to

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:

• OSCRs increased inquiry powers;
• OSCR being able to remove charities that fail to submit accounts and fail to communicate with OSCR; and
• OSCR refusing a charitable application where there is no clear connection to Scotland.

 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:

• Annual Assurance Statement: SHR has introduced a new provision allowing it to seek assurance on a specific issue in an RSL’s Annual Assurance Statement (AAS). They have confirmed that they will communicate any specific requirement to RSLs in

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 1^st January 2024, and will remain applicable until 31^st 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

Anyone accepting the role of an Attorney is accepting a position of trust.  You have been appointed by the granter of the Power of Attorney (POA) to effectively step in their shoes and make decisions on their behalf when they can no longer do so themselves.  If called upon to take up the role as Attorney any action or decision you take must comply with the guiding principles of the Adults with Incapacity (Scotland) Act 2000:

1. Any action must benefit the granter of the POA;

Scotland’s trust law is over 100 years old and is to be updated to bring it in line with modern practices.

The Trust and Succession (Scotland) Bill is currently working its way through the Scottish Parliament. There are 3 stages towards turning a bill into an Act:

1. Introduction – the bill is proposed and consultation takes place; Parliament then decides if the Bill is to be rejected or can proceed to stage 2.
2. Amendments – where proposed amendments are debated and provided by MSPs with

The First Tier Tribunal for Scotland (Housing and Property Chamber) is the forum for disputes between landlords and tenants in the private rented sector. The Tribunal has the power to grant eviction and payment orders, enabling landlords to recover their properties and obtain payment of rent arrears or tenancy debts.

At TC Young Solicitors, we act solely for landlords and letting agents, providing guidance through this time consuming and complex process. We ensure from the outset that landlords have a clear outline of their options

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

The recruitment of volunteer Committee Members can be challenging for a number of RSLs and, whilst our RSL clients are keen to encourage a wide range of interested individuals onto their Committee, an individual’s ability to become a Committee Member (being a member of the Committee of Management) is not absolute. Most RSLs adopt the Scottish Federation for Housing Associations (SFHA) Charitable Model Rules which state that an individual will not be eligible to be elected or appointed to an RSL’s Committee of Management where:

It is not uncommon for landlords and tenants to enter various tenancy agreements in respect of the same property, especially where the tenant has been in occupation for a number of years. Both parties may well have had good intentions, but signing subsequent agreements can have unintended or unforeseen consequences.

A recent decision of the Upper Tribunal has clarified in which circumstances parties signing a new agreement will constitute renunciation of the earlier lease.

In McCallum v Wright (2023 UT 25), Mr McCallum had occupied

Where a Scottish public authority (including Registered Social Landlords (RSLs)) receives a Freedom of Information (FOI) request relating to one of their "FOI functions"such information must be provided, except where an exemption applies under The Freedom of Information (Scotland) Act 2002 (FOISA). FOI requests often contain elements of third-party personal data, meaning that RSLs must consider their legal obligations under FOISA, together with the UK GDPR and the Data Protection Act 2018 (DPA).

Section 38(1) of FOISA provides for exemptions of personal data

When a child order, such as a Child Arrangement Order, Special Guardianship Order or a Specific Steps Order, is granted in England or Wales in respect of a child who then moves to, or is relocated within Scotland, how is the order of the English or Welsh Court registered in Scotland?

This is a question which is often asked of our Court of Session Agents. We are experienced in successfully assisting agents from English and Welsh jurisdictions in having orders registered. Our Court of Session

There are many circumstances in which a party may wish for a private limited company to be restored to the Register of Companies (“the Register”). One such example could be where the title to a property is held in the name of a dissolved company and that title requires to be transferred. In that circumstance, the company would require to be restored to the Register before the title could be transferred. Other examples could include where there are other assets which are held by the

The Scottish Parliament has this week approved legislation to extend the Cost of Living (Tenant Protection) (Scotland) Act 2022 (COLA) for a second time, meaning the legislation now remains in place until 31st March 2024.

This blog will summarise what the latest extension means for the private rented sector.

The eviction moratorium remains in place. This means that private landlords are still able to serve notice on their tenant and raise eviction proceedings. However, enforcement of eviction orders granted by the Tribunal under specific grounds

Introduction

The recent Sheriff Court case of Riley v Student Housing Company provides helpful clarification on data controller requirements in terms of GDPR regulations.

Background
The Pursuer was a former employee of the Defender. Another employee, Mr Adamson raised employment tribunal proceedings against the Defender. Mr Adamson made allegations that the Pursuer had verbally abused him during the course of his employment.

The tribunal decision in favour of Mr Adamson was widely reported in the media. The Sun newspaper personally named the Pursuer within their