The suggestion, as part of the current consultation by the Scottish Housing Regulator, that Registered Social Landlords (RSLs) should be allowed to pay committee members has generated considerable debate. Views have been put forward on both sides of the argument. So should RSL Committee Members be paid?

The current position is, of course, that such payments are outlawed by Schedule 7 of the 2001 Housing Act. However in April 2012 Schedule 7 will disappear from the scene. In a wholesale reversal of governance standards the

We often hear from frustrated landlords who despite serving notices on their tenant, are advised that the local authority will not re-house them, forcing the landlord to raise an eviction action to repossess their property. For landlords who have been through the legal process, an eviction action can be both lengthy and costly. So will the local authority re-house my tenant following eviction?

Are Councils obliged to rehouse a tenant?

The Council must assess homeless applicants to decide whether or not they are entitled to

Here are Inheritance Tax planning tips for the tax year end which should be implemented before the end of the tax year otherwise they risk being lost altogether.

Why consider Inheritance Tax planning?

Tax planning provides an opportunity to pass assets to the next generation in the most tax efficient manner.

Each individual has an Inheritance Tax free allowance known as the Nil Rate Band - subject to some exceptions. Any assets held by you in excess of the Nil Rate Band are taxed at

So when can I exclude a bidder? According to regulation 23 of the procurement regulations, a public body (including an RSL) carrying out a procurement exercise shall treat as ineligible and disqualify a bidder, if it has actual knowledge that the bidder, its directors (if the bidder is a company) or any other person with powers of representation, decision or control of the bidder has been convicted of certain offences, including:

• Conspiracy
• Corruption
• Bribery
• Incitement to commit a crime
• Fraud
• Taxation offences
• Money laundering
• Attempting

In most cases when parents separate it is in the best interests of a child to remain in contact with both of them. Sometimes this can be very difficult for the parents themselves to arrange. Child contact centres provide a key role in helping children affected by family breakdown to maintain a relationship with the parent who no longer lives with them in a safe, neutral environment, away from high conflict situations.

What types of contact are there?

- In centre supported contact a child

In May 2011 we reported that the Coalition government had announced plans to reform UK employment laws. But are the employment law reforms good for employers? Details of the reforms are slowly starting to emerge as the Chancellor has announced that:

1. As from the 1st April 2012 an employee will need to have been employed for 2 years as opposed to 12 months before they can bring a claim for unfair dismissal against their employer

2. Secondly, fees will be introduced for

We have been asked this question by a number of charitable clients, what is Gift Aid and what are the Gift Aid rules?

Gift Aid is a simple way for your charity to increase the value of donations of money from taxpayers by claiming back from the Government the basic rate of tax paid by the donor.

When an individual, sole trader or partnership gives money to your organisation through gift aid, you can take their donation, which is money they have already paid tax

TUPE protects employees by ensuring that a transfer does not disadvantage them in any way, by preventing variations to the employment contract. We are often asked - are TUPE and contractual variations permitted?

The recent case of Smith v. Trustees of Brooklands College (EAT) has confirmed that an agreed variation to an employment contract following a TUPE transfer is effective where the transfer is not the sole or principal reason for the variation.

All contractual variations are void if the sole or principal reason is

At the inaugural LetLaw Legal Update seminar in Glasgow, the hot topic was the launch of the Scottish tenancy deposit scheme and how this will work in practice.

Whilst there was plenty of discussion surrounding ways of avoiding the scheme (!), the primary concern of both landlords and letting agents appeared to be what would happen if a scheme was to fail.

The Tenancy Deposit Scheme Regulations 2011 were issued by the Scottish Government earlier this year.? Under those Regulations, any organisation who applies to

So just how can you recover factoring & common maintenance debts from owner-occupiers? A Notice of Potential Liability for Costs can assist housing associations and factors to recover money due by owner-occupiers for factoring and common maintenance debts. It was introduced in 2004 and can be used in relation to flats or houses. It does not solely relate to costs already incurred and can be lodged in relation to planned works where there is doubt regarding an owner's ability/likelihood of paying their share of the

Planning a gap year? You will no doubt have spent time deciding on your itinerary and making sure you have all the necessary visas, but have you given any thought to ensuring you know the legal essentials for gap year students?

Most young people will not have had any reason to visit a solicitor before, but if you are planning your dream gap year you should add a trip to the family lawyer to your 'to do' list before setting off on your travels!

What

New rules relating to licensing of houses in multiple occupation (HMO) came into force August 2011. Landlords should be aware of these rules, which require a local authority HMO licence when a property is shared by three or more unrelated individuals.

There are some exceptions but a recent court case has shown that landlords should not try to avoid compliance with the rules by attempting to find inventive ways to meet some of the exemptions. More details can be found here.

The case involved

It is a common misconception that Powers of Attorney are only for the elderly. However, accidents or illness can happen to anyone at any time and it is sensible to give thought to putting a Power of Attorney in place now, as a safety net for the future. Ask yourself the question - do I need a Power of Attorney?

What is a Power of Attorney?
A Power of Attorney is a legal document giving someone else authority to act on your behalf should you

In an increasingly litigious society it is important to reflect on all of the options available when considering a court action in relation to business disputes. With the Court of Session becoming significantly busier, the Commercial Court offers a swift and robust procedure in which to raise actions. However, individuals and organisations are not making best use of this alternative court, largely through misunderstanding its use and appreciation that they can in fact use it!

The key features of the commercial court's procedures are set

A regular question at our landlord training sessions relates to the idea of early intervention when a tenant accrues rent arrears in Scotland. Landlords should always contact the tenant in these situations to obtain an explanation for the non-payment of the rent. Early contact can often prevent the situation from escalating outwith the tenant's control.

Many landlords worry they will be accused of harassment if they make attempts to contact the tenant. In one recent example, after the tenant had given notice to quit, the

Since April 2011, existing unincorporated charities have been able to apply to change their legal form to the new legal entity of a Scottish Charitable Incorporated Organisation (SCIO). What are the advantages of becoming a SCIO?

Some of the advantages of becoming a SCIO are:

• Liability of charity trustees is limited and members are not liable to contribute to the assets if it is wound up.
• It has a legal personality and can undertake transactions in its own right.
• Single regulator - OSCR.
• Title to

Does your Will include a Legacy to Charity? If you are thinking of doing this there are some facts you may want to consider.

• Around 80% of us support charities during our lifetime.
• 35% us want to leave the bulk of our estate to loved ones but like the idea of giving something back by way of donation on death to charities that we consider worthy of support.
• Surveys indicate less than 10% of the population actually leave a legacy

Making provision for Charities could

As of 1 November 2011 the Local Democracy, Economic Development and Construction Act 2009 comes into force, amending the Housing Grants, Construction and Regeneration Act 1996. The changes will affect construction contracts entered into from 1 November 2011.

The main changes are:

• The 1996 Act now applies to construction contracts even where they are not in writing;
• An adjudicator now has the ability to make changes to his/her decision, insofar as to correct any typos or other errors. Previously, where an adjudicator's decision contained a

The question of whether pre-tenancy charges imposed on tenants by landlords/agents under a short assured tenancy are legal is a long-running debate within the private rented sector.

Many landlords/agents charge a variety of fees to a tenant prior to sign-up, including administration charge, 'holding deposit' and 'referencing fee'. We've even heard of agents charging fees to prospective tenants for cleaning the property after they have left, when they've not even moved in yet!

Section 82 of the 1984 Act states that ?any person who, as

You are buying housing sites and you have found a new site to buy. And agreed a price with the landowner. You now want to submit a formal offer to buy the land but do not want to commit to the purchase until you are sure that a number of other 'things' have been dealt with. What would now be ideal is a site acquisition checklist.

These 'things' are called suspensive conditions and would typically include:-

• satisfactory site investigation reports you want to be sure