On 16 September 2019, The Private Landlord Registration (Information) (Scotland) Regulations 2019 came into effect, introducing a more comprehensive, rigorous application process in order to raise general awareness amongst landlords of their legal requirements and to provide better assurance to private rented sector tenants of landlord competence and compliance. In short, the regulations have changed the landlord registration process with the aim to improve standards within the private rented sector in order that homes rented to tenants are of good quality and are being

The Government has just launched a consultation on how to tackle sexual harassment in the workplace. The consultation seeks views on how employers can be encouraged to better prioritise the prevention of sexual harassment.

Consideration is being given to a new duty to require employers to actively protect staff from harassment in the workplace. This would enhance current requirements by placing a preventative duty on employers to take action, for example, implementing an equality policy, raising awareness, providing training and dealing effectively with complaints.

The

We previously blogged about data protection breaches under the General Data Protection Regulation (GDPR) and how to deal with the aftermath. Since then, the Information Commissioner's Office (ICO) has issued its first fine using the GDPR, which came into force in May 2018, and accompanying Data Protection Act 2018.

Under previous legislation, the maximum monetary penalty that could be imposed by the ICO was £500,000. Only Facebook and Equifax have been the recipients of fines at the maximum level, falling safely within the umbrella of

It is a frustrating situation for Registered Social Landlords (RSLs) when tenants become insolvent and any outstanding debt becomes irrecoverable. Below we answer some common questions around tenants signing trust deeds and sequestration.

Are we obliged to write off any debt? At what stage do we do so?

When a tenant enters into a trust deed, any tenancy debt is affected only if that trust deed proceeds to become protected. You should initially receive communication from a trustee advising that the debtor/tenant has entered into

The Private Housing (Tenancies) (Scotland) Act 2016 (Modification of Schedule 1) Regulations 2019

On 1st July 2019 the above regulations will come into force. These regulations modify the provisions of the 2016 Act whereby residential tenancies granted by charities to provide housing for veterans or temporary accommodation to care leavers cannot be classed as Private Residential Tenancies. This means that such tenancies will sit outside of the statutory regime.

The new regulations do not have retrospective effect. This means that tenancies granted by these organisations

We're all going on a summer holiday!

It's that time of year again. Sun, sea and sand... it's holiday time.

Multi-generational travel has increased markedly over the past few years. No longer is it simply mum, dad and the children jetting off abroad, it is now mum, dad, the grandparents, the grandchildren etc. Whilst family time on those long summer days is on everyone's mind, it is also important to consider what if something happened to all of us? Do I need a failsafe beneficiary?

From 1 February 2021 Registered Social Landlords (RSLs) will need to ensure that the fire and carbon monoxide detection systems in their residential properties meet the new 'tolerable standard'. The Scottish Government has introduced a loan scheme in order to assist RSLs implement the changes that may be required. For a further explanation of the new 'tolerable standard' please see our previous blog post.

The loan scheme is called: The Fire and Carbon Monoxide Detection Loan Scheme. Through this scheme, RSLs will be able

Deciding upon what you wish to happen to your body when you die is never an easy thought. What would your family want? Should you be buried? But along with that can often come additional expenditure on top of funeral costs, including purchasing a lair etc. Or should you be cremated and have your ashes scattered in that special place?

Well, now there may be no need to decide between the two if the latest decision emerging from Washington, USA is anything to go by.

The Scottish Information Commissioner (SIC) has recently published two sets of guidance on Freedom of Information (FOI), Registered Social Landlords (RSLs) and the terms of the Order which brings RSLs under the FOI regime.

The guidance relates to:

• How Freedom of Information will apply to RSLs and their subsidiary companies; and
• Which RSL subsidiaries are covered by FOI?

RSLs should read the new guidance on Freedom of Information and be aware of the following key points:

• There will be a two-part test for determining

The Property Factors Scotland Act 2011 required all property factors to register on the newly formed Register of Property Factors. Failure to register is a criminal offence punishable by a fine or even imprisonment! Given the sanctions which exist it is important to be clear who is under an obligation to register. This is still proving a challenge for some entities providing property management services to residential schemes.

The legislation provides a definition of a property factor i.e. a person who, in the course of

If you have a Will in place, it is important to review this on a regular basis to ensure it is up to date with your personal and financial circumstances.

People often think of reviewing matters such as the amount of money to be left to nieces or nephews or who should, in fact, inherit the family heirlooms. However, most don't think to review who they have appointed as their Executor in their Will. So why is this important?

What is an Executor?

An

Brain Injury Awareness Week 2019 is here - #ActionForBrainInjuryWeek #ABIWeek, culminating with #HatsForHeadway on Friday 24^th May.

As is often the case, family members can face numerous difficulties as the result of a loved one succumbing to a brain injury - if they no longer have capacity to make decisions for themselves and if the family is not aware of what steps they need to take. Difficulties can arise in relation to medical or financial decisions that need to be made and no-one having

Office equipment; repair services; boilers; stationary and much more are bought by Registered Social Landlords (RSLs) as a matter of course.

Sometimes it's simple for an RSL to buy things, other times it's more complex and subject to public procurement law. No matter what, information about what they are buying will be given to the RSL by the supplier.

Come 11 November 2019 this information will be covered by Freedom of Information (FOI). This will impact not only RSLs, but the people and companies that

It is fairly well known that the Equality Act 2010 affords protection against discrimination, harassment and victimisation on the basis of religion (or religious beliefs).

Perhaps less well known is that it can also provide protection in relation to certain philosophical beliefs.

To be protected such philosophical beliefs must be more than an opinion or viewpoint - it must be a genuinely held belief in relation to weighty and substantial part of human life and behaviour. It must also be serious and important, and have

No-one likes to contemplate their own death or think of the death of a loved one. It is however an important topic of conversation to have with your family and friends and is encouraged as part of the Dying Matters Awareness Week. Doing this at an early stage allows you to have an unpressured conversation at a time that suits you and not at a time of ill health or crisis.

Conversations of this nature are a prompt to discuss your affairs and the

Once appointed by the Court to act as Financial Guardian there are certain administrative responsibilities which you will have to fulfill, these are detailed below. By taking on this role you are accepting this responsibility and it is therefore important that you consider if you have the time and ability to carry out the duties of a Financial Guardian.

Caution (pronounced Kay-shun)

The Sheriff may order that you obtain a Bond of Caution (usually within 4 weeks of your date of appointment). A Bond of

Holiday lettings sit outwith the standard regulatory framework of the private rented sector. A holiday let is excluded from constituting a Private Residential Tenancy.  So when is a 'holiday let' not a 'holiday let'?

There is no requirement for such landlords to register or pay over a deposit to a Tenancy Deposit Scheme. Furthermore, the Repairing Standard does not apply to holiday lets of less than 31 days.

The Scottish Courts considered holiday lets in the case of St. Andrews Forest Lodges Ltd. v Jeremy

Many families wish to ensure that their family are provided for in the future. They have worked hard to be able to own their property and do not want their estate to be exhausted by paying care costs. Beware, there are many things to consider before gifting your property to avoid care costs.

1. Should you require a move to residential care accommodation the local authority can look at assets you had previously, the time of gifting and the reasons for gifting. There is the potential

Since 2002 deferred payment schemes have been available for care home residents however, many are unaware of their availability.

Care home residents who have insufficient income and capital (excluding the value of their property) to meet care home fees may enter into an agreement with their local authority to defer payment of part of their contribution towards care costs. They can settle these sums with the local authority at a later date when their home is eventually sold. A deferred payment agreement is an agreement

Trainee recruitment is a part of my job I really enjoy. I love meeting new people and trying to find someone that I think will bring an extra dimension, while assessing whether they will work well alongside the existing team.

Our latest search for a trainee produced nearly 100 applicants. But of that 100, how do we whittle them down?

First of all we decide what our key criteria will be. That will vary each year depending on the priorities we place on certain skills,