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Installing Solar Panels? What You Need to Know

Installing Solar Panels? What You Need to Know

Solar panels are becoming a more familiar sight across Scotland. Current planning permission regulations exist to make installing solar panels and renewable technologies simple. For most domestic properties formal planning permission is not required if certain criteria are met, namely:

  • Panels don't protrude by more than one metre of the roof edge, any outside wall of the house nor protrudes further than the highest point of the roof (which includes any chimney)
  • The property is not a listed building
  • The property is not in a

Moving Abroad with Children: What You Need to Know

Moving Abroad with Children: What You Need to Know

The Hague Convention on the civil aspects of International Parental Child Abduction 1980 regulates the international relocation of children. However, when parents are planning on moving abroad with children they often overlook the Hague Convention or think that it will not apply to them. Do you need the consent of the other parent? What happens if you have moved abroad and then want to return to Scotland but the other parent doesn't?

  • If you are separated or divorced, what should you do before moving abroad

Common Good Land in Scotland

Common Good Land in Scotland

Summer is almost upon us and, for residents of Edinburgh, there are few better ways to spend a sunny evening than to gather over a barbeque in The Meadows or to hack a small ball around the Bruntsfield Links. To lose the opportunity to enjoy these simple pleasures would be unthinkable, so the knowledge that these are two of a number of areas throughout Scotland that benefit from protection as "common good land" is comforting. So what exactly is common good land in Scotland?

It

Ban on Exclusivity Clauses in Zero-Hour Contracts

Ban on Exclusivity Clauses in Zero-Hour Contracts

At the end of May 2015, sections of the Small Business, Enterprise and Employment Act 2015 came into force, including the provision which makes the use of exclusivity clauses in zero hour contracts unenforceable.

A key part of the Conservative's election campaign was a promise to ban clauses in zero hours contracts requiring exclusivity from the worker and they have been quick off the mark in bringing this piece of legislation into force.

A zero hour contract is traditionally used for casual working, it does

Safety Tips for Lone Workers

Safety Tips for Lone Workers

A number of our clients either have employees that work alone or are lone workers themselves. Therefore the question of safety regarding lone workers comes up a lot. This blog outlines the main safety tips for lone workers for employers and workers to think about.

Working alone is not in itself against the law and will often be safe to do so. It is important that employers understand what they need to do to comply with their legal duties towards lone workers under the Health

The CDM Regulations 2015 Are Now in Force

The CDM Regulations 2015 Are Now in Force

The Construction Design and Management (CDM) Regulations 2015 came into force on 6 April and replace the 2007 Regulations. They govern health and safety in construction projects. Some of the main changes affecting 'clients' who are commissioning construction work are:

  1. Clients' duties

The client must make suitable arrangements for managing a project which ensure that construction work will be carried out without risk to the health or safety of any person affected by the project. The management arrangements must include how clients will ensure that

Zero Hours Workers Legal Rights

Zero Hours Workers Legal Rights

The number of zero hours contracts has increased rapidly in the past few years. Although these types of contracts can bring benefits both to employers and workers, a recent employment tribunal case involved a zero hours contract worker and her fear of reporting allegations of sexual harassment, in case her hours of work were limited. So just what are a zero hours workers legal rights?

The claimant in S v. Britannia Hotels Ltd and another worked in a hotel bar on a zero hours contract.

Scottish Government's Second Consultation on Private Rented Sector Tenancies

Scottish Government's Second Consultation on Private Rented Sector Tenancies

In October 2014, the Scottish Government published their first consultation on the introduction of new tenancies for the private rented sector. Receiving over 2,500 responses from parties including tenants, landlords, letting-agents and other organisations, the Scottish Government have now issued a second consultation paper on private rented sector tenancies.

The new consultation paper amends, and in some cases, builds upon the initial proposals outlined in the previous consultation by drawing on responses received.

Unchanged Proposals:

  • Removal of the 'No-Fault' Ground

Any Scottish Government Bill going

My Spouse Has Cheated on Me! What Next?

My Spouse Has Cheated on Me! What Next?

According to a recent study, 50% of married men find their mother-in-law attractive. As unlikely as that seems, it perhaps comes as no surprise that a significant number of marriage breakdowns occur when one spouse engages in an extra marital relationship with another man or woman. We are often told - my spouse has cheated on me! Our clients then want to know what they can do.

The questions we are often asked by clients reflect their hurt and anger at this emotionally difficult time.

Do Your Management Agreements Meet Consumer Contracts Regulations?

Do Your Management Agreements Meet Consumer Contracts Regulations?

The Consumer Contracts (Information, Cancellation & Additional Charges) Regulations 2013 replaced the Distance Selling Regulations & Door Step Selling Regulations. They make it an obligation for 'traders' to give 'consumers' certain information. Do your management agreements meet consumer contracts regulations?

From 13 June 2014, all distance, off-premises and on-premises contracts made will be subject to the 2013 Regulations. Contracts which pre-exist 13 June 2014, are governed by Consumer Protection (Distance Selling) Regulations 2000 and the Cancellation of Contracts made in a Consumer's Home or Place

Land and Buildings Transaction Tax Comes Into Force

Land and Buildings Transaction Tax Comes Into Force

As we have discussed in recent blogs, 1st April marks the first day of the new Land and Buildings Transaction Tax (LBTT) coming in to force in Scotland. LBTT replaces Stamp Duty Land Tax (SDLT) on the purchase of property in Scotland.

SDLT remains in force for the rest of the UK.

The threshold for paying LBTT on residential property purchases has been set at £145,000 meaning no LBTT would be due on any purchase under this value. The threshold for SDLT is £125,000.

Tenancy Deposit Scheme - Scottish Landlord Loses Further Appeal

Tenancy Deposit Scheme - Scottish Landlord Loses Further Appeal

In the case of Tenzin v Russell & Clark the landlords appealed to the Sheriff Principal against a decision to hold them liable to pay their tenant three times the deposit taken, having failed to lodge the deposit in a 'tenancy deposit' scheme. At the Appeal, Sheriff Principal Stephen upheld the previous decision and deemed the penalty reasonable to promote compliance with the Tenancy Deposit Scheme (Scotland) Regulations 2011.

Following Sheriff Principal Stephen's decision, Russell and Clark appealed further to the Inner House of the Court

Making Reasonable Workplace Adjustments

Making Reasonable Workplace Adjustments

This blog will briefly look at the obligation on employers in making reasonable workplace adjustments for any employees with a disability.

The definition of disability is found in Section 6 of the Equality Act 2010 and states that a person has a disability if:

  1. they have physical or mental impairment; and
  2. the impairment has a substantial and long term adverse affect on their ability to carry out normal day to day activities.

The duty to make reasonable adjustments applies in recruitment and during all stages

Mandatory Electrical Check Requirements

Mandatory Electrical Check Requirements

Issued under sections 13(4A) and 19B(4) of the Housing (Scotland) Act 2006, the Scottish Government has recently published guidance on mandatory electrical check requirements which shall come into force from 1st December 2015.

The new requirements will apply to all Scottish privately rented properties covered by the Repairing Standard and will require landlords to have fixed wiring Electrical Installation Condition Report checks carried out at their properties at least every five years. Though the regulations will apply to all private tenancies, the fixed wiring

What is Mediation?

What is Mediation?

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 mediation is confidential and the parties have control over any decisions that are made during mediation.

What sort of issues can be dealt with at mediation?

A

Scottish Government Consultation on Changes to Procurement Rules

Scottish Government Consultation on Changes to Procurement Rules

On 9 February 2015 the Scottish Government launched their consultation on proposed changes to procurement rules. The changes are coming about as a result of a new European procurement directive and the Procurement Reform (Scotland) Act 2014.

The Scottish Government has until 18 April 2016 to transpose the provisions of the directive into Scots law, and this will result in the creation of new procurement regulations. These regulations will also comprise further provisions and guidance on the terms of the 2014 Act.

So what are

Can you Evict a Drug Dealing Tenant?

Can you Evict a Drug Dealing Tenant?

One of the most significant changes being proposed under the Housing (Scotland) Act 2014 is the removal of the "reasonableness" defence where a landlord seeks eviction based on the tenant being the subject of a conviction in respect of a criminal offence committed in or in the locality of the tenancy. How difficult will it be to evict a drug dealing tenant?

Many eviction actions have been raised using this ground, mainly in connection with offences relating to illegal drugs.

Many Registered Social Landlords (RSLs)

How Can Collaborative Law Help?

How Can Collaborative Law Help?

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 good 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 strongest feelings.

From the outset parties and their agents

Obesity and Disability Discrimination

Obesity and Disability Discrimination

A recent Northern Ireland Industrial Tribunal (Bickerstaff v Butcher) made a unanimous decision that the claimant was disabled and upheld his claim of harassment. So how does this affect obesity and disability discrimination?

Mr Bickerstaff worked at Randox Laboratories in Co Antrim where he said he was harassed by colleagues, in particular Mr Butcher, because of his weight. Mr Bickerstaff brought an employment claim against Mr Butcher for harassment.

In one instance, Mr Butcher had said that the claimant was 'so fat he

Land and Buildings Transaction Tax - Update on Leases

Land and Buildings Transaction Tax -  Update on Leases

Land and Buildings Transaction Tax (LBTT) is a charge on land transactions in Scotland. It is accepted that LBTT will replace Stamp Duty Land Tax (SDLT) in Scotland for most land transactions with an effective date of on or after 1 April 2015.

LBTT will make significant changes to the way returns are completed for commercial lease transactions including Assignations (no LBTT is be payable on standard residential leases). New rules regarding notification will be introduced alongside new rates of tax linked more closely to