Knowing your rights as a Registered Social Landlord (RSL) when dealing with an abandoned property is essential to avoid any legal headaches in the future.

Perhaps your tenant has been out of contact, falling behind on their rent, and the piles of unread letters on their doorstep suggest they have abandoned the property completely.

But before you can call the locksmith and pack up any belongings here are a few things worth bearing in mind:

What Are My Rights?

The Housing (Scotland) Act 2001 (“The

We have recently been approached by a number of our Registered Social Landlord (RSL) clients whose contractors have requested uplifts on their tendered contract rates. An amendment to the contracted rates would be a modification of the contract during its term. Here we consider the procurement law implications of making changes to a contract after it has been signed.

 The Public Contracts (Scotland) Regulations 2015 provide that a modification of a public contract during its term triggers a requirement to re-procure that contract except in

Freedom of Information (FOI) was extended to apply to Registered Social Landlords (RSLs) from November 2019 through an Order made by Scottish Ministers. This means RSLs now have a legal duty to provide the public with certain information.

However, there has been uncertainty over what exactly RSLs must disclose under the Freedom of Information (Scotland) Act 2002 (FOISA).

Read more: What Does Freedom of Information Mean For RSL Procurement?

The 2019 Order extended the coverage to RSLs in relation to certain specified functions. These are

A key contractor entering into insolvency can cause major issues for Registered Social Landlords (RSLs). Steps will need to be taken to secure continuity of key services whilst also ensuring that various legal and regulatory obligations (such as public procurement and value for money) are achieved.

With corporate insolvencies in Scotland rising by 49.1% in the first quarter of 2022 compared to the same period of 2021 (with more stark rises in England and Wales), and warnings in sectors such as construction that

You’ve finally got the keys to your new home, but before you crack open the flat-pack furniture or those tins of paint, here are some tips that can save you time and money further down the line.

What does my solicitor have to do?

Your Title-

We submit the documents (namely, a Disposition and a Standard Security (if you have a mortgage)) together with appropriate application forms to Registers of Scotland to register you as the new owner.  

If title to the property is

The Coronavirus (Recovery and Reform) (Scotland) Act 2022 received royal assent this month and comes into effect on 1 October 2022.  On this date certain changes introduced to the private rented sector in response to the pandemic will become permanent.

What does this mean for Private Landlords?

Reasonableness

There will be no return to mandatory grounds for eviction.  The Tribunal will require to assess whether it is reasonable to grant the order in all eviction cases. 

The pre-action protocol

The pre-action requirements, will become permanent

“Sustainability” is now a significant factor in Registered Social Landlord's (RSLs) day-to-day business decisions and this article considers the drive towards capturing and measuring an RSL’s sustainability credentials.

The Sustainability Reporting Standard

In 2020 the Sustainability Reporting Standard for Social Housing (SRS) was drawn up by the ESG social housing working group composed of professionals from the housing and financial sector. “ESG” refers to the better inclusion of environmental, social and corporate governance factors in investment decisions” with an estimated $2.7 tn of ESG based

Please note that a practice note has been issued by the Sheriffs Principal of the six Scottish Sheriffdoms introducing guidance which will apply to all eviction actions in all sheriff courts throughout Scotland.

This new practice note takes effect from Wednesday 13 July 2022.

We would advise that we had no prior notice of this practice note nor has there been any consultation with any practitioner prior to its introduction.

Please find a link to the practice note here and this link will

Gifting property is one way clients may wish to consider when looking at reducing the value of their estate for inheritance tax purposes.

There are tax implications to consider and the rules vary according to each individual set of circumstances.  If a property is given away or sold at less than market value taxes will be payable provided the person receiving the property is a “connected person” (i.e. family members, family trusts).  The only way this does not apply is if the sale is at

When a Will is made, several decades may pass before it is required. In that time a number of events could take place which cause the original Will to be misplaced. Examples being the testator moving home and losing it or the solicitor who prepared it not storing it correctly. Unfortunately accidents do happen however if there is a copy of the signed Will then there is a court process that can allow the copy to be used.   

‘Proving the Tenor’

The court process

Leaving school can be a daunting time for anyone. Not always knowing what career you would like to pursue. Sometimes having the choice between staying in education and learning through a college/university course or getting a job can seem like the only two options available.

I left school with the intention to go to college and gain a qualification, meanwhile I was having to work part-time at night and weekends to fund my finances. However, I found life was busy and often stressful trying to

Last week we were all alarmed at the seemingly heartless way in which 800 staff were dismissed by P&O Ferries by way of a 3-minute long pre-recorded message. While redundancies and business restructures are unfortunately relatively common place, it was the lack of correct legal approach, together with the lack of civility which drew attention to this situation. Here we look at what the correct legal approach is in this situation and what P&O should have done if it had to make staff redundant.

Redundancy

Endeavour clauses are a common feature in commercial contracts and rather than impose an absolute obligation to achieve a desired result or outcome, they require a party to ‘endeavour’ to achieve it. 

Common examples include:

“The sales agents shall use best endeavours to promote, market and sell the product.”

“X shall use all reasonable endeavours to obtain planning permission.”

“Y shall use reasonable endeavours to secure a waiver of the restrictive covenants from Z.”

These clauses are particularly helpful when performance is outwith the party’s

The Simple Procedure Rules were introduced on 28^th November 2016. Since that date, all debt recovery actions for payment of money for sums of £5,000 or less were required to be raised via a court process known as “Simple Procedure”. Where the claim seeks certain other Orders, for example, repossession of a property which includes payment of money, £5,000 or less, Simple Procedure is not the appropriate procedure.

Simple Procedure is designed as a means of allowing the Court to determine cases quickly and

There is no doubt that the Covid-19 pandemic has radically changed the work place for all. I began my traineeship with TC Young in the midst of the pandemic on 09 November 2020. While we can now begin to see the light at the end of the tunnel, I think it is safe to say that my training experience together with all those young lawyers embarking on their legal career in 2020 will be unlike any other.

So, how does my experience differ to that

Limitation of liability clauses are often found in the standard terms of supply contracts, and commonly provide that, should an issue arise, the liability of the supplier is limited to the contract price or some other fixed sum.

The recent case of Benkert UK Limited v Paint Dispensing Limited [2022] CSOH 17 provides a helpful illustration and summary of how the courts will determine the enforceability of such a clause, if challenged.

Background

A fire broke out at Benkert’s factory, causing losses of £29.6 million.

Let’s pause and think about the menopause.

As with many subjects which at one point seemed too “taboo” to discuss in the workplace, the menopause, and its symptoms, have started to shift the conversation in workplaces across the country.

Managing the effects of the menopause at work is essential for both employers and their staff. Menopausal women are the fastest growing demographic in the workplace. However those going through it often feel as though they must do so quietly and behind closed doors. This piece