What is a landlord's gas safety responsibilities? The Gas Safety (Installation and Use) Regulations 1998 require a landlord to ensure that any gas fitting (and any flue which serves any relevant gas fitting) is maintained in a safe condition.

The Health & Safety Executive (HSE) issued a safety letter in October 2008 regarding a potential risk regarding flues for gas boilers which were located in internal walls and which run through areas such as a ceiling void. Clearly such flues cannot be easily visually inspected.

Although the law on boundary walls/fences is relatively straight forward, the issue of ownership or maintenance, in practice, is sometimes a difficult and sensitive issue. A seemingly minor disagreement can quickly become a full-scale boundary dispute involving solicitors' letters and threats of court action.

With any boundary queries:

• At the outset you should review the relevant title deeds to see if there is anything which defines ownership or maintenance responsibility for the boundary feature.
• The information contained in the title deeds takes precedence over any

Powers of Attorney and Guardianship are often confused and I am regularly asked for advice on which is more appropriate. So Power of Attorney vs Guardianship, what's better? Although both concepts are regulated by the Adults with Incapacity (Scotland) Act 2000 and have similar effects, there are significant differences between the procedure for each.

What is a Power of Attorney?
A Power of Attorney is a legal document appointing someone to act for and make decisions on behalf of the granter. The Power of Attorney

In 2010 the Coalition government introduced proposals that will mean the demise of lifelong tenancy agreements. These proposals however will not affect Scotland as housing is a devolved issue for the Scottish parliament.

The plans are being debated at Westminster as part of the Localism Bill but current proposals include:
- the creation of a new tenancy in the social sector called the "flexible tenancy".
- a fixed tenancy for a minimum of two years. Tenants would not be guaranteed any extension to that initial

As a private landlord, you really need to be on the ball to avoid the pitfalls of Scottish tenancy law. One of the biggest danger areas involves the perils of picking the wrong date. This can occur in a number of circumstances. So how do you get the notice to quit date right?

The Short Assured Tenancy Agreement Scotland

• The law says that a short assured tenancy agreement must be for a minimum of six months. e.g. 8 December 2010 to 8 June 2011.
• Always

How can you recover money from a debtor if you obtain a court Order which orders your debtor to pay you the debt but your debtor does not make payment?

Do you know what you do next? This is a predicament frequently faced by individuals and organisations who seek to recover debt. Do not give up as there are various options available!

First Step
If you wish to pursue the debt, the first step is to serve a Charge for Payment. This is a statutory

On 27 June 2011, we successfully completed the last batch of housing stock second stage transfers from Glasgow Housing Association to several of our Registered Social Landlord (RSL) clients, meaning that the properties are now in the ownership of community-controlled housing associations throughout the city. In total, almost 19,000 homes have transferred to the delight of tenants who voted in favour of their new landlords during the consultation period.

Having been involved in bringing the planned transfer programme to fruition for many years, 2009 saw

What are living Wills?

They are:

- a statement expressing your views about how you would like to be treated in the future

- a Will of sorts but applies whilst you are alive not after your death

- essentially an expression of your wishes set out in advance of illness at a time when you have the mental capacity to understand the issues involved and give clear directions

- used to outline circumstances in which you'd like medical treatment withheld e.g. if you suffer

Attorneys acting under a Continuing and Welfare Power of Attorney must comply with the five guiding principles set out in the Adults with Incapacity (Scotland) Act 2000. Arguably, the most important of these is that an Attorney must always act in the best interests of the adult. Does this include tax planning?

Best interests of the adult - not always clear cut?
At first glance, it seems that deciding what is in the best interests of the adult is pretty straightforward. However, grey areas often

When a relationship breaks down, there are lots of questions at what is a very emotional and anxious time. If you are going through a divorce or separation, what is the best way to deal with this. Is it mediation, or Court?

It is always wise to speak to a solicitor at an early stage who should explain:

• that every situation is different and what works for one person will not necessarily work for another
• outstanding issues can be resolved without acrimonious exchange of lawyers'

What are collateral warranties?
Collateral warranties are contracts which are designed to establish a contractual link between a third party (the beneficiary) and a contractor or consultant who has carried out certain works.

Why are they required?
In the case of a building contract, collateral warranties are a promise from the contractor to the beneficiary that the works have been carried out in accordance with the building contract. If the works have been carried out negligently, the beneficiary has a right of recourse against the

Many of our clients come too late for procurement advice, as they have already received notice of a potential challenge under the procurement regulations. If you are about to embark on a procurement exercise you should ask the following at the outset:

1. What type of contract is it?
The procurement regulations apply to contracts for works, services and supplies. Although it seems easy to identify what constitutes 'work' that isn't always the case!

A good rule of thumb to follow is that maintenance of

Climate change burden
Real burdens? ?Boring?, you may say?. Indeed, often little consideration is given to imposing real burdens or conditions upon the sale of land or property. After the introduction of?legislation in 2010, however, real burdens have become more attractive to charities, housing associations and individuals with an environmental conscience as they can now be used to combat climate change.

The Climate Change (Scotland) Act 2009 creates a concept known as a 'climate change burden', which must have as its purpose the

Are you ready for the Private Rented Housing Scotland Act 2011? The Scottish Parliament doesn't like to make life easy for us by just bringing a whole Act into force at the same time. Instead, they like to test a lawyer's ability to keep up to speed, by bringing certain parts into force in dribs and drabs. As a landlord, are you ready for the Private Rented Housing (Scotland) Act 2011?

On 31 August the following provisions will come into force:

• A local authority can

"Where there's a wedding there's a Will ....or not!" The wedding of Prince William and Kate Middleton may have had you oohing and aahing at the pomp and circumstance, but did it make you think carefully about the legal implications of marriage and what it means for the succession to your estate never mind the succession to the Crown and the future of the monarchy? Probably not!! Are you Scottish and don't have a Will? Read on...

Did You Know?
Around 70 % of us

The news reports on a fairly regular basis that individuals wanting to get their foot on the property ladder are finding it more and more difficult these days to get their first home. How can shared equity and shared ownership schemes help? Shared Equity vs Shared Ownership, what's best?

Helping First Time Buyers
Shared Ownership and Shared Equity are two schemes which can assist first time buyers or others on a lower income to get that first foot on the property ladder and achieve home

The Welfare Reform bill which is currently progressing through parliament at Westminster has created much debate amongst Registered Social Landlords.

Much of the debate has involved the proposed introduction of universal credit, a single benefit payment for all claimants. This credit would:

• replace all existing benefits
• involve the eventual removal of housing benefit as an individual benefit.
• remove the current system where housing benefit can be paid directly to a landlord on a tenant's behalf

Many landlords have rightly expressed concern that the proposed welfare

As a private landlord you'll be glad to know that when it comes to repossessing your property in Scotland, the lawmakers have made it nice and complicated for you. Even if a tenant has committed a serious breach of the tenancy agreement, there is no guarantee that you will be able to evict them. So how to evict a tenant?

There are two handy routes for eviction that are available to you, but neither is fool proof.

HOW THE SECTION 33 ROUTE WORKS:
-At least

Do you know Someone Whose Home is in Dire Need of Improvement?
Or has the Local Council placed a Statutory Notice on it for major repairs? Councils are currently tightening their belts and housing funding may no longer be available to assist with home improvements or repairs. Does this also affect home repairs for the elderly and the vulnerable?

So Who will Pay for Home Repairs or Improvements?
If someone is property rich but cash poor and they are working alongside their local authority or

The Bribery Act 2010 will come into force on 1 July 2011. The Act sets out a range of bribery related offences which could give rise to prosecution for both organisations and individuals.

The offences include:-
1.Giving bribes
2.Receiving bribes
3.Bribery of a foreign Public Official
4.Failure of commercial organisations to prevent bribery

The definition of a bribe is a broad one and can include any payment or other benefit which is intended to induce or reward the improper performance of a public function or