How ‘Awaab’s Law’ Could Impact Upon RSLs & Tenants in Scotland
A right to a “warm, safe and secure home, free from disrepair”: How ‘Awaab’s Law’ could impact upon RSLs and tenants in Scotland A ‘Tragic’ Death In December 2020 Awaab Ishak, a two-year old boy, described by those who knew him as “engaging, lively, endearing”, died at his family home in Rochdale. A coroner’s report […]
Charity Trustees – What Legal Duties do they have?
The role of a charity trustee has been very much in the spotlight recently, with some controversial media stories featuring high profile celebrity trustees, e.g. Prince Harry and Naomi Campbell. This emphasises the challenges involved in fulfilling the duties of a trustee responsible for running a charity. In Scotland, the Charities and Trustee Investment (Scotland) […]
Enforceability of Real Burdens…
Real burdens play a crucial role in regulating management and use of land. They are imposed on a burdened property (or properties) in favour of a benefited property (or properties) and run with the land. For a real burden to be enforceable, both title and interest must be established. TitleTitle refers to a ‘tie’ to […]
Processing Personal Data Lawfully
In another blog, we covered the meaning of ‘personal data’ (linked here) under the UK General Data Protection Regulation (GDPR) and in this blog we will discuss how to process personal data lawfully and in compliance with the GDPR. ‘Processing’ personal data means any operation or set of operations which is performed on personal data […]
The UK General Data Protection Regulation: What is Personal Data?
If you process information that is within the scope of personal data as defined under the UK General Data Protection Regulation (GDPR), then your use of personal data will be subject to data protection legislation. Recognising information that is within the scope of the statutory definition of personal data is an important first step for […]
Reform of Co-operative & Community Benefit Societies Act
As the Co-operative and Community Benefit Societies Act 2014 ( the Act) regulates all but a small number of Scottish RSLs the Law Commission Consultation on its reform is important. Key issues that have been raised on behalf of the sector are: Definitions of (a) Co-operative and (b) Community Benefit Society A community benefit society (CBS) is […]
Legitimate Interests Assessments
In another blog, we discussed Data Protection Impact Assessments (DPIAs) and whilst much like DPIAs, Legitimate Interests Assessments (LIAs) are used by organisations to undertake risk assessments when processing personal data, they are distinguishable from one another to the extent that they are required in differing circumstances. When does my organisation need a Legitimate Interests Assessment? Under […]
What are emergency repairs and what can a flat owner or factor do by way of repair works?
When common property in a tenement, i.e. any building divided horizontally to form separate units, falls into disrepair any owner or any factor must look to the title deeds to determine how to proceed to make a repair. Failure to follow any procedure outlined in the titles may result: 1. In a requirement to stop […]
Land and Building Transactions Tax for Commercial Leases
Land and Building Transactions Tax (LBTT) is a tax applied to residential and commercial land and building transactions (including commercial leases) where a chargeable interest is acquired. Where a notifiable lease has been granted on or after 1 April 2015 then an LBTT return must be submitted by the tenant within 30 days of the […]
Apportionment of Common Costs under the Tenement Management Scheme
What are common costs? Owners of ‘flats’ within a tenement are not only responsible for repairing and maintaining their own individual property but also have a joint responsibility to contribute towards the common costs incurred to upkeep the common parts of the tenement. This may include the common stairs, close and anything else listed in […]
