Why are individuals in Scotland reluctant to put a Power of Attorney in place? The reality is that many are concerned about losing control over their finances and assets. In fact, most people put a Power of Attorney in place as a rainy day document and their Attorney does not have authority to act straight away. So when is a power of attorney effective in Scotland?
I don't want my Attorney to act immediately - what do I do?
Most people grant a Power of
Section 75 Agreements have been part of the planning process for some time. In recent years their use has increased as a means of addressing issues which may flow from a planning application. The Scottish Government issued guidance setting out Policy Tests which must be met before a Section 75 Agreement is to be used. Section 75 Agreements do not replicate planning conditions, instead they introduce planning obligations.
The Policy Tests are as follows:
The Scottish Housing Regulator assumed full regulatory powers on 1 April 2012, but what does this actually mean for RSLs in Scotland? And do they need consent from the Regulator before any disposal of land?
Section 107 of the Housing (Scotland) Act 2010 now replaces Section 66. RSLs must obtain consent from the Regulator prior to any disposal of land, unless the type of disposal is specifically exempted or is covered by General Consent.
This all sounds familiar, but there is something new:-
Where a
We are often asked - do I need an employment contract? The employment status of an individual isn't always easy to answer, but is important for a number of reasons. Certain legal rights only apply if an individual is an employee: e.g. the right not to be unfairly dismissed and the right to receive a statutory redundancy payment. If you don't have an employment contract is that a problem?
By law an employee is defined as an individual who has entered into or works under
In October 2013, the UK government plans to make changes to housing benefit. How will these housing benefit changes affect landlords in Scotland?
The Government intends to introduce a single 'universal' credit which will be paid to claimants of working age. The idea is to simplify the system for claimants, and make it easier for staff to administer. The new benefit will begin to be introduced in 2013 and will be completely phased in by 2017.
What will this mean in practice?
What do you know about prenuptial agreements. Donald and Melania Trump have one, as do Michael Douglas and Catherine Zeta-Jones. But what are they? Should you have prenuptial agreement. Are they enforceable in Scotland? Or are they just for the rich and famous?
There were 29,070 marriages in Scotland during 2014. Considering this, and the fact that the average age at which people marry for the first time has increased by over two years in the last decade (to 32.9 years for men and 31.0
Debt Recovery Scotland - Where an order for payment is granted in a court or tribunal, this will not automatically result in payment. The order will need to be enforced against the debtor and his or her assets. One method of enforcing an order for payment is by executing an arrestment.
What is an arrestment?
A form of diligence where a creditor with a court order can arrest the debtor's moveable property where that property is in the hands of a third party, e.g. arrestment
We are regularly consulted when there is a dispute regarding a building contract. In order to advise the client, we ask to see the signed contract, only to find that the contract was never actually executed (signed) by both parties. Sometimes there is a letter confirming acceptance of a tender, but the actual contract terms have never been signed. Clearly this presents problems determining exactly what obligations there were on the contractor and the manner in which these were breached, leading to disputes. How important
We blogged about the Scottish Government's current consultation on letting agents charging premiums and possible amendments to the definition of a premium. Since then, Shelter launched a campaign encouraging tenants to reclaim your fees. Shelter wants the Scottish Government to clarify the legislation to make it clear to tenants, landlords and agents just what charges are permitted, if any, over and above rent and a security deposit. So if you are letting agents - can a tenant reclaim fees?
So what is a premium?
The
Are lenders becoming more difficult with RSLs about seemingly routine property matters? In recent times, it has seemed to me that the answer is ?yes?.
I often advise clients on the following matters:-
- the grant of leases of office premises ;
- the preparation of Deeds of Conditions for?new affordable housing developments;
- the grant of deeds of servitude and?wayleave rights to utility companies for new developments.
These are routine types of transaction, however, once the wording of the lease or other type of
Concerns over tendering for work under the City of Edinburgh Council Statutory Notices Scheme has resulted in an independent investigation being carried out by Deloitte. Until the investigation is complete all non-emergency statutory repair work has been suspended. Only emergency work, or work which has already started, will be dealt with. You can check the Council's website to find out what is categorised as an emergency:
Edinburgh City Council Statutory Repairs
What if a Statutory Notice is in place but the work has not started?
At exam times we are regularly asked - when does financial support end? This question is asked by both custodial and non-custodial parents.
Tense teenagers and anxious parents are thinking about important qualifications. Good results can secure places at colleges and universities - but that can lead to worries about the cost of further education and how to protect children from debt.
Separated and divorced parents should not make the mistake of thinking that they only have an obligation to pay for their child until
We are frequently asked - do I need to change my Will after divorce? The focus is usually on immediate worries, such as the arrangements for the children, the household bills and the family home. Although it is necessary to get advice about such matters, it is equally important to think not just about the past, the present and the immediate future, but also to plan ahead and think about how divorce and separation can affect your Will.
We are often asked by charities: what legal status do volunteers have? And how they should be recruited? It's increasingly common for school leavers and the unemployed to undertake volunteering to boost their CVs.
Although volunteers aren't covered by discrimination legislation it's sensible to adopt the same recruitment practices as paid employees, including a robust paper trail documenting every decision made in the process:
Decisions should be recorded clearly and in an objective manner to minimise disputes
Landlords in the private rented sector in Scotland must register with their local authority for an HMO licence and must be deemed fit and proper persons. Additionally, where properties are being let to multiple occupants, the property itself also requires to be licensed. Where a landlord has a number of different HMO properties then the landlord's behaviour at one property can impact on the licensing of another. So make sure you don't lose your HMO licence!
A recent court case showed that landlords are expected
Is it possible to have an agreement to agree? From the bus in the morning, to that mid-afternoon pick-me-up coffee, we constantly enter into informal "contracts" or "agreements" with others. These transactions benefit from certainty. Pay £1.80 and you will receive a bus ticket. Simple. But contracts can be much more complex than this.
We still see many formal contracts with startling degrees of informality and uncertainty in the drafting.
The question of how much certainty a contract must have to be enforceable was tackled
In basic terms, 3 parties are involved in collateral warranties:
- A contractor
- A beneficiary (third party)
- An employer
Collateral warranties provide a contractual link between a third party (the beneficiary) and a contractor which has carried out certain works or provided certain services for the employer.
So when is it appropriate to use one?
It is often appropriate to expect collateral warranties when:
The Scottish Government has approved its first Tenancy Deposit Scheme! There are now vital dates in place that you really can't ignore. Ministers have announced that the scheme proposed by Letting Protection Scotland has been given the green light to become operational under the Tenancy Deposit Scheme Scotland Regulations 2011, with effect from Monday 2 July 2012.
Meanwhile, two other schemes, namely SafeDeposits Scotland and MyDeposits Scotland, are hoping to be approved and ready to commence on 2nd July. All being well, landlords will
If you are taking holding deposits and reference fees, is this legal? Letting agents charge a number of different types of fees to tenants, under a variety of names such as:
- 'holding deposits'
- 'reference fees'
- 'administration fees', to name but a few
The current legal position under the Rent (Scotland) Act 1984 is that it is an offence to charge or receive any premium (over and above rent and a security deposit of no more than two months rent) as a condition
Clients often tell us they are reluctant to make an application for guardianship of a vulnerable relative or friend as they have heard the process is expensive and could cost thousands of pounds. In fact, everyone who applies for Welfare or Financial and Welfare Guardianship in Scotland is automatically entitled to Legal Aid from the Scottish Legal Aid Board, regardless of their financial circumstances.
What is Legal Aid?
Legal Aid provides help with the cost of court actions. Usually, a financial assessment is carried out
