Better Dispute Resolution in Housing: Consultation on the Introduction of a New Housing Panel for Scotland. A bit of a mouthful, but this is the title of the latest Government proposal for Scotland's Homeowner Housing Panel which was published in January 2013. The paper can be found by clicking here.

In very simple terms the government is inviting comment on its plan to change the way that housing disputes are resolved.

The consultation examines three principal options:

• The expansion of mediation,?other forms of

Do you fall into the 60% of the population who do not have a Will? A survey found that the majority of those who didn't have Wills knew it was something they should do, but had just not got round to it? If you fit into that description, why not start the New Year by ticking making a Will from your 'to do' list?

What happens if I don?t make a Will?

Many people delay making a Will as they believe their affairs are straightforward

It is not uncommon for divorce settlements to include a person's pension, as it can be more valuable than your house. It is therefore important not to disregard pension rights when determining how matrimonial property is to be divided on divorce.

In Scotland, only pension assets which have accrued during the period of marriage comprise matrimonial property.

There are three ways in which your pension can be dealt with on divorce:

1. Pension sharing: The pension policy can be shared by transferring a portion of the

2013 is shaping up to be another busy year for employment lawyers and HR professionals alike. With a raft of changes expected, we have summarised the most important, and will keep you updated throughout the year with regular blogs and tweets about employment law 2013.

1. From 1^st February:

- the Unfair dismissal compensation award limit will increase from £72,300 to £74,200, and

- a week's pay for calculating statutory redundancy will increase from £430 to £450.

2. The Enterprise Regulatory and Reform Bill

The case of Glasgow Rent Deposit & Support Scheme against Glasgow City Council and Ypeople (decided on 6 December 2012) highlights the court's reluctance to delay a contract award because of an alleged breach of the procurement regulations where this would be detrimental to the public interest.

GCC tendered for a service providing increased access to housing for the homeless and specifically the provision of a deposit guarantee scheme and temporary furnished accommodation. The pursuer raised the action and asked that the decision to award

Last year I blogged about the possibility of another Scottish Housing Bill during 2012 and more legal changes. That did not come to pass but plans are afoot for a Bill in 2013. Discussions are proceeding about the contents of the Bill.

I would imagine that one proposal which would meet almost universal support would be a ground for compulsory eviction where tenants are guilty of serious antisocial behaviour.

The UK Home Office published a draft Antisocial Behaviour Bill which will apply only to England

There are changes to advertising properties for rent in Scotland. The introduction of two important statutory changes will directly impact how landlords and letting agents advertise their properties. Non-compliance with the new advertising rules can result in financial penalties of up to £500. Landlords and letting agents in the private rented sector in Scotland should take steps to ensure that they are not caught out by these legislative changes.

Displaying Energy Performance Indicator

From the 9^th of January 2013, where a property is being

Will English Tenancy Deposit Scheme Legislation impact on Scotland? A few months ago, the LetLaw team looked at the English case of Surpere v Nice where a landlord had failed to lodge the deposit with a tenancy deposit scheme.

The English courts have again looked at the tenancy deposit legislation and the impact on landlords if they fail to comply with their duties. As a health warning, it should be noted that the decisions of the courts in England are not binding on the Scottish

What Facebook employment advice should you know about and what disciplinary action could be taken against you?

The rise in the use of social media in both business and in private is stratospheric. Often the lines between what is work related and what is truly 'private' can become blurred. Employees have been dismissed because of inappropriate comments (which have amounted to bullying and harassment) being posted on Facebook about colleagues, or where they have posted comments which have brought the employer into disrepute.

A Housing

The UK Government's Welfare Reform Bill will introduce a bedroom tax which will reduce the amount of housing benefit support that can be given to tenants in the social rented sector by introducing new criteria for working-age housing benefit claimants who have extra bedrooms.

People who are judged to be "under occupying" their home by one bedroom will have their housing benefit cut by 14 per cent. Where tenants are under occupying by two or more bedrooms the deductions will be 25 per cent.

The

How much do you know about the payment of adjudicator fees? The Court of Appeal in England has ruled that adjudicators are not entitled to payment of their fees where their decisions are unenforceable. Adjudication is a common alternative to court action in construction disputes and is referred to as the first 'port-of-call' for resolution of any dispute in the majority of construction contracts.

PC Harrington Contractors Ltd and Systech International Ltd:

The First Ruling

In the first instance, the court ruled that the role

What do you do about unpaid rent when dealing with limited companies who won't pay? It is common for landlords and letting agents to let residential properties to limited companies, for use by the company employees. Where such a lease is with a company tenant (rather than an individual) this form of lease cannot be a Short Assured Tenancy. The Housing (Scotland) Act 1988 states that for a Short Assured Tenancy to be created, the tenant must be an individual. Where you are leasing to

We highlighted some issues that can surround a transfer of undertakings under TUPE, particularly in relation to service provision changes (SPC).

One of conditions that have to be satisfied for service provision changes to occur is whether, immediately before the SPC, there is an organised grouping of employees whose principal purpose is working for the 'client'.

But who is the 'client' This case helps to answer this question.

The case involved an in house lawyer who worked for JAS Ltd, part of the Jarvis Group.

Organisations selling under the Shared Equity Scheme have the option to retain a "Golden Share" but what exactly is a golden share?

When a purchaser is buying a property though a shared equity scheme he only has to pay a percentage of the value of the property in cash - the remaining percentage being paid by way of a Standard Security in favour of the scheme funder (for Registered Social Landlords this is likely to be The Scottish Ministers). A Standard Security is a loan

Do you know how to ensure your property is being maintained properly? The Letlaw team recently received a query from a landlord who suspected their tenant was hoarding items within the property. Although the tenant had always paid their rent, they had denied the landlord access to carry out inspections, over a long period of time . The landlord asked: should they insist on gaining access to the property given the rent is always paid on time, to allay their concerns, but risk 'rocking the

The Scottish Government's 'get ready for winter' campaign has now started. What are a landlord's legal responsibilities to tenants in winter?

While the current weather is causing significant flooding problems, no doubt we will soon see the return of freezing weather which leads to many housing associations and landlords facing calls from tenants about frozen pipes. Many will also be concerned about what they have to do to keep footpaths clear of snow and ice. So what are the legal obligations of a landlord in

A decision by the Court of Session serves as a timely reminder for landlords regarding their duty in respect of inspecting and maintaining common areas. Common parts are generally understood as shared areas common to all tenants such as staircases and paths, but which remain under the landlord's control and their responsibility.

In the case of Kathleen Kirkham v Link Group Ltd a tenant attempted to sue her landlord, Link Group Ltd for £92,400 after she sustained an injury by tripping on a garden footpath.

Using Procurement to deliver Living Wage - public bodies are increasingly under pressure to get the most out of their procurement processes, including addressing social and economic challenges.

The Scottish Living Wage Campaign aims to ensure that all employers in the public, private and voluntary sectors pay their workers no less than the Scottish Living Wage.

• The living wage is higher than the national minimum wage,
• It is set at a level that the Campaign considers to be the minimum income that households need to

Problems with your neighbour's leylandii? Are their trees blocking out the morning sun and they won't do anything about it? Well, the Scottish Parliament looks set to provide you with a helping hand following the introduction of the High Hedges (Scotland) Bill as a private member's Bill in October 2012.

The proposed legislation would give someone recourse to their local authority if they are unable to come to an amicable solution with their neighbour in circumstances where they feel that a "high hedge" on neighbouring

Do you know what's on the cards for Employment Law in 2013?

Agency Workers

The Government is expected to review employers' administrative obligations in the Agency Workers Regulations in June 2013, with a view to making sure that practical arrangements are as straightforward as possible.

Unfair Dismissal Compensation

The Enterprise and Regulatory Reform Bill (ERRB), which is currently progressing through Parliament, will:

• give the Secretary of State power to change the limit on the amount of unfair dismissal compensation.
• change the name of Compromise Agreements