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 21^st July 2017. An AT5 was served on the same date, before the tenancy agreement was signed. On 17^th 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.

1. Your application form and covering email will create a first impression. As a wise man once said you don't get a second chance to make a first impression.
2. Read the application form carefully. Then read it again to ensure you understand the guidelines provided. An application form is not only an opportunity to provide your details, it is

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.

• • You must take at least 2 weeks off after your baby is born (compulsory maternity leave), which is increased to 4 weeks if you work in a factory. Other than the compulsory maternity leave period, you can take up to 52 weeks maternity leave.

• • If you do not wish to take the

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

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