It is a well known principle that any construct must be built on solid foundations in order to stand the test of time. Well, the same can be said for raising an action for recovery of possession of a Scottish Secure Tenancy. In order for proceedings to be initiated the first step is to serve a Notice of Proceedings.
This prerequisite document essentially supports the action through legal proceedings in the courtroom and certainly is the initial bedrock of a pursuer?s position before a Statement
'But I've not spoken to my children in 10 years!!' Whether or not you choose to make a Will, there exists what are known as 'Legal Rights' in Scotland. Some argue that if they have chosen to make a Will and expressed a clear wish that their children are not to inherit any of their estate, then why should their children, who they, perhaps, have not seen nor spoken to for many years, be able to lay any claim against their estate? The theory behind
Previously, we blogged on the problems with service of actions raised at the First-tier Tribunal - Housing and Property Chamber (FTT-HPC) where the address of the tenant was unknown.
Proposals to amend the FTT-HPC procedural rules to correct this problem and revise the procedural rules more generally were laid before Parliament in December 2018. The amending provisions are contained within the First-tier Tribunal for Scotland Housing and Property Chamber (Procedure) Amendment Regulations 2018 and The First-tier Tribunal for Scotland Housing and Property Chamber (Incidental Provisions)
Before we all down tools for Christmas, it might be an idea to think about what sort of 'resolutions' you wish to make for your business in the coming year. Sometimes, the personnel issues are the ones that go to the bottom of a to-do list so now is a good time to think of what you are looking to achieve.
One area that tends to go to the bottom of a to-do list is contracts and policies.
How can you recover factoring & common maintenance debts from owner-occupiers? A Notice of Potential Liability for Costs (NPLCs) can assist Registered Social Landlords and factors to recover money due by owner-occupiers for factoring and common maintenance debts.
Notice of Potential Liability for Costs
Introduced in 2004, the Notice can be used in relation to flats or houses. It does not solely relate to costs already incurred and can be lodged in relation to planned works where there is doubt regarding an owner's ability to
The Scottish Government and the Scottish Trades Union Congress (STUC) have jointly created A Fair Work Charter for Severe Weather, setting out guidelines for both employers and workers for managing the effects of severe weather on work. The Charter was developed as a response to the severe weather brought in by the 'Beast from the East' at the beginning of 2018 which had an impact on commuters and those with caring responsibilities.
The Charter is an extension of the 2016 Fair Work Framework which
Last week was National Stress Awareness Day, and is a good way to remind employers they should be ensuring the welfare of their employees, in particular their stress levels and overall mental health. Employers have a legal and moral obligation to ensure they aren't discriminating against staff, specifically because of their mental health. Reasonable adjustments, by altering working conditions, to help employees with a disability, including mental health problems is the law.
While many organisations understand the impact of mental health in the workplace, it
On 29 October 2018, the Chancellor, Philip Hammond, delivered the Autumn 2018 Budget. The Budget included the following measures of interest to employment practitioners:
The Advisory, Conciliation and Arbitration Service (Acas) has published statistics on its early conciliation (EC) service for the period April to June 2018. The statistics show that the total number of EC notifications had increased by 53% as compared to the equivalent quarter of 2017. The figures also show an increase in the proportion of EC cases which thereafter proceeded to a full employment tribunal claim: 23% of EC cases went forward compared to only 17% in the same quarter for 2017.
Acas early conciliation
Background
In September 2016 the Office of National Statistics (ONS) announced that it was reclassifying Registered Social Landlords (RSLs) in Scotland as public non-financial bodies for the purposes of the national accounts. This was due to RSLs being subject to public sector control via the Scottish Housing Regulator's (SHR) powers over management, constitutional change and disposals of land. As a consequence of this reclassification, RSL debt would have to be counted as a public liability for the purposes of the nation's accounts. The ONS was
There is now an impending deadline fast approaching at breakneck speed on the 1st October 2018. Yes, that's correct. As the turn of the month falls before us and as we enter the autumnal season, if you are conducting letting agency work in Scotland and have not applied to join the Register of Letting Agents through Registers of Scotland then please be forewarned as all individuals involved in letting agency work must comply with the Letting Agent Code of Practice as well as having
When it comes to Wills, most people are focused purely on how the estate will be distributed. Questions such as 'have I given enough to my grandchildren?' and 'will my spouse be adequately provided for?' are, obviously, very important matters to consider. However, the appointment of an Executor is just as important.
Who should I appoint?
Your Executor is responsible for dealing with the administration of your estate and ensuring that the terms of your Will are carried out, often with the assistance of a
Acas, also known as The Advisory, Conciliation and Arbitration Service, has produced new guidance on job references. Aimed at both employers and employees, it is based around the most frequently asked questions put to the Acas helpline. It explains what references are and provides information on what they should include, when they are required and how to deal with issues or problems. In particular, the guidance covers the following common questions:
Working nine-to-five is no longer the working norm according to a YouGov survey.
The survey reveals that a mere 6% work the traditional 9am-5pm workplace hours. Interestingly, only 14% of those polled would opt for these hours if given the choice.
A significant proportion (66%) said they would prefer to start earlier and finish earlier, with the most preferred options being 8 till 4 or 7 till 3.
Whilst this reflects a shift in labour requirements generally, it also shows a change in attitudes towards
One of the benefits of making a Will is that you can narrate your funeral instructions and let your family know your specific wishes for your funeral. However, as you will not be here to know if these wishes have been carried out, is it really worth stipulating what should happen to your body and at your funeral service?
The inclusion of funeral instructions in your Will is a guide to your Executors and family and can be as straightforward or as complicated as you
The First-tier Tribunal for Scotland (Housing and Property Chamber) (FTT) "recently considered the duration of a short assured tenancy in the case of Prestel & Dunbar v Norton (EV/18/1089)."
In this case parties entered into a tenancy agreement on 21st July 2017. An AT5 was served on the same date, before the tenancy agreement was signed. On 17th November 2017, the landlord served on the tenants a Notice to Quit and a Notice under Section 33(1)(d) of the Housing (Scotland) Act 1988,
As TC Young starts looking for another trainee, I thought some candidates may welcome some tips for completing a trainee application form before pushing the send button.
It is quite a thought returning to work after a period of maternity leave and here we look at the things an employee will want to think about before going back to work.
Recent figures from the Office for National Statistics establish a significant fall in the number of sick days employees are taking off work. The figures reveal that employees took off an average of only 4.1 days in 2017, compared to 7.1 back in 1993 (the year records began).
The available data shows that the sickness absence rate started slowly decreasing in 1999, and continued to fall following the 2008 credit-crunch. There will be a multitude of factors contributing to this. It is suggested that the
Figures obtained from a freedom of information request to the Department for Business, Energy and Industrial Strategy (BEIS) reveal that over £390,000 of employment tribunal awards remained unpaid in 2017 due to insolvency of the employer.
The real amount may be significantly higher as BEIS is only aware of unpaid awards when it is notified by a claimant. Experts suggest that these figures could be indicative of there being an element of "phoenixing", where an employer intentionally becomes insolvent to avoid the debt, and then
