One of the main facets of the new Private Residential Tenancy (PRT) is that it offers increased security of tenure to tenants. An order for eviction will only be granted where a landlord can satisfy the First-tier Tribunal (Housing and Property Chamber) that one of the 18 grounds for eviction is established. The Tribunal needs to be persuaded, with evidence, that the landlord is entitled to end the tenancy.

How do private landlords prove that they have a ground for eviction?

It essentially depends on

There have been a few employment tribunal decisions which have considered the position of philosophical beliefs, and what beliefs are protected. The Equality Act 2010 protects the rights of employees to practise their religion without fear of discrimination. However, certain employees hold philosophical rather than religious beliefs and these may be protected by law.

In 2009, an Employment Appeal Tribunal (EAT) decision defined the criteria of a philosophical belief. It must:

• be genuinely held
• be a belief and not an opinion or viewpoint, based on

On 1^st December 2017 jurisdiction for private sector tenancy related disputes transferred to the First-tier Tribunal for Scotland Housing and Property Chamber. The Tribunal is allocating up to two cases to be heard each day. Tribunal members have sufficient time and expertise to scrutinise the content of rent statements. Accordingly, it is now more important than ever to ensure rent statements are accurate.

If you are relying on rent arrears as a basis for eviction, or you wish to lodge an application for payment

1. The Land and Buildings Transaction Tax (First-Time Buyer Relief) (Scotland) Order 2018

The above Order came into effect from Saturday 30 June 2018. Subject to certain conditions, First-Time Buyer Relief is now available to first-time buyers in Scotland. The relief applies to qualifying transactions where the contract is entered into on or after 9 February 2018 and the date of entry is on or after 30 June 2018. It is therefore not available for any transactions with an effective date prior to 30 June 2018.

Taking steps of moving, or helping a loved one move into a care home can be a stressful time.  It is important that the financial implications are fully understood.

The average rates of Care Homes in Scotland for residential care is £825.94* per week (£42,948.88 per annum) and for nursing care is £948.59* per week (£49,326.68 per annum).  Understandably, when faced with these figures people worry about how they will fund a move to care or nursing accommodation.  It is worth bearing in mind not

The government has recently published a response to the Women and Equalities Committee report on Fathers and the Workplace.

In March 2018, the Women and Equalities Committee published a report, Fathers and the Workplace, calling on the government to make improvements to fathers' rights at work. This included, for example, removing the qualifying period for paternity leave to make it a right "day one" from the first day of employment, and increasing the rate of statutory paternity pay to 90% of earnings.

The government has

In December 2017 Scottish Government produced their third Consultation Paper on extending Freedom of Information (FOI) to the sector with a draft Order which made both Registered Social Landlords (RSL) and RSL subsidiaries subject to FOI when carrying out 'housing activities' as defined in the Housing (Scotland) Act 2010. Responses to that Consultation are set out here

The Scottish Federation of Housing Associations commissioned our firm to provide a technical analysis as part of its response. Links to that response and analysis are set out

We are often asked - what is a Living Will?

It is:

• a statement expressing your views about how you would like to be treated in the future
• a Will of sorts but applies whilst you are alive not after your death
• essentially an expression of your wishes set out in advance of illness at a time when you have the mental capacity to understand the issues involved and provide clear directions
• used to outline circumstances in which you would like medical treatment withheld e.g.

Here's a sentence we don't often get to say: it's getting hot! The coming days are set to see record temperatures across the UK, giving us the feeling of an actual summer for the first time in a long time. While we've had to contend with previous weather issues (the Beast from the East to name but one), being too hot is not often one of them. Here we look at the things that employers should be thinking about while we're enjoying the current hot

The Occupiers Liability (Scotland) Act 1960 has given rise to a raft of case law recently. In essence, it sets out the level of care required to be demonstrated by the legal entity who occupies or controls land or premises to any third party who may access such land or premises. This requires the occupier to assess the dangers which exist given the location of such land or premises and to highlight or mitigate any wants and defects which are present.

The first thing to

Separation often results in one parent being responsible for the majority of the everyday care of the children. A common result of this is that they also end up being responsible for the everyday costs. Child maintenance payments are financial support paid by the parent who does not have day-to-day care of the children. It can be paid to the other parent, the child or a grandparent or other guardian.

Child support payments are usually agreed between the parents or through the Child Maintenance Service

With all the gorgeous weather we've been having, the start of the World Cup 2018 seems to have crept up on us (or is that just me?). The World Cup takes place in Russia between Thursday 14^th June and Sunday 15^th July. Football match times in the UK will vary between 11am and 8pm.

The World Cup is a big sporting event for many employees who may want to follow their favourite football team (sadly this does not include Scotland this time).

I think you should set up a trust; this will protect your assets. Sounds great! But what is a trust? What can you put in to a trust? And will there be any charges associated with the trust?

What is a Trust?

A trust is when one person is given property to hold for the benefit of another. Dependent upon the size and complexity of your estate, particularly if your assets are over the threshold for Inheritance Tax (currently £325,000), you may wish to consider

The various changes to housing management law and practice, which are contained in Housing (Scotland) Act 2014, now have dates set for their introduction.

Almost 4 years after the Act received its Royal Assent, the Commencement Order for these changes has finally been published.

The Act will make changes to a variety of areas.

The changes to the rules on Short Scottish secure tenancies (especially when used as method to deal with antisocial behaviour), the use of criminal convictions as grounds for eviction and the

A limited liability company is a popular choice when considering business models. It has relatively small costs to set up and get going. However, the essential requirements can appear daunting.

This guide outlines the key elements below and gives sources that are available for support.

Articles of Association

These are the building blocks of your company. They state how important functions will operate e.g. Directors powers. Model Articles are available on the Government's website that cover all of the basic functions. However, they may not

We are often asked, can collaborative law help me? The collaborative law process offers separating couples a non-confrontational way of agreeing the legal and practical arrangements for their separation and divorce. By reaching agreement in a collaborative way, couples are able to come to a respectable arrangement together through supported discussions.

At its simplest, the collaborative process is all about reaching solutions together. Sometimes talking things through can seem the hardest challenge of all. When relationships break down, hurt, bitterness and anger are often the

You might have heard somebody mention mediation before but what is mediation? Mediation is a form of alternative dispute resolution that involves two (or more) parties and a mediator. Mediation provides parties with the opportunity to have an open and honest discussion about a range of family law issues in a neutral environment. Everything that is said during a mediation session is confidential and the parties have control over any decisions that are made during the meeting.

What sort of issues can be dealt with

Termination payments are often made to employees when the termination of their employment is governed by a settlement agreement. New rules affecting the taxation of termination payments came into effect on 6 April 2018.

What are the changes?

There has been a change to the taxation of 'payments in lieu of notice' (PILONs), which are commonly part of any overall settlement.

Where employment terminates on or after 6 April 2018, there will now be no distinction between contractual and non-contractual PILONs. Both will now be

With less than a month to go before the implementation of the GDPR it is crucial that existing and future public contracts comply with the new legislation. What will change in respect of public contracts and the GDPR?

The Scottish Government has published a Policy Note on the impact the GDPR will have on public procurement and contracts. This blog will highlight the key features of the note alongside steps organisations should take to get their public contracts and procurement processes GDPR ready.

What is

We previously blogged about what options are available to landlords where one joint tenant wants to leave a rented property and the other(s) wish to remain. That blog related to assured and short assured tenancies under the Housing (Scotland) Act 1988. So what happens when a Joint Tenant wants to leave a Private Residential Tenancy?

Landlords will be aware that under the Private Housing (Tenancies)(Scotland) Act 2016, all new tenancies created after 1^st December 2017 will be Private Residential Tenancies (PRTs). The position regarding