Recent TDS Decisions in the FTT and UT

The main obligation of the Tenancy Deposit Schemes (Scotland) Regulations 2011 (2011 Regulations) is fairly simple; landlords must lodge any deposit received with an approved scheme within 30 working days. Yet despite the Regulations being in force for over 15 years, landlords continue to fall foul of the requirements, often leading to litigation in the First-tier (FTT) and Upper Tribunal. …

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Can a Landlord Rely on a Defective Notice to Leave to Defeat a Wrongful Termination Claim?

A recent Upper Tribunal decision has given Scottish landlords and letting agents an important reminder: a technical defect in a Notice to Leave may not be enough to protect a landlord from a claim of Wrongful Termination. The case arose because a landlord under a private residential tenancy (PRT) sent a Notice to Leave by …

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How Tenants Can Cool Their Scottish Rental Without Landlord Permission

Scottish summers don’t often hit scorching temperatures, but when they do, as recent heatwaves have reached further northwards, traditional rental properties can feel stifling. When tenants raise the possibility of air conditioning (AC), landlords may understandably need to consider factors such as installation costs, potential disruption, impact on the property and ongoing maintenance requirements. Understanding …

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Making Tax Digital – How Does it Affect Scottish Letting Agents and Landlords? 

Landlords in Scotland with a qualifying income of more than £50,000 are now required to comply with Making Tax Digital (MTD) for Income Tax. Although Scotland has devolved income tax rates and bands, the MTD rules apply across the whole of the UK. Scottish landlords who receive any income from property must keep digital records …

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Tracing Landlords

When you discover that a common area of your tenement building, such as the roof or external wall, needs to be repaired or improved, the first step is typically to contact all the other owners in the building. This is because, depending on what your titles say, all or some of the owners share responsibility …

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Deposit Protection Timeframes You Need to Know

Whether you are a landlord, letting agent or tenant, there are several important timeframes to be aware of when it comes to tenancy deposits in Scotland. Some are set out in legislation, while others relate to the way deposits are repaid or disputes are handled at the end of a tenancy. Protecting the deposit on …

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