Category: Legal

Housing Bill and Rent Controls

It has been mentioned in previous blogs that the Scottish Government intends to bring forward a new Housing Bill in the latter part of this year which is to include, what were described as ‘meaningful rent controls’. The background to the intended new Housing Bill was the ‘New Deal for Tenants: Draft PRS Strategy’, published …


The Repairing Standard and Upcoming Changes

Earlier this year, the Scottish Government announced a series of updates to the existing Repairing Standard that will be enforced from 1st March 2024. The Repairing Standard covers the legal and contractual obligations of private landlords to ensure their property or properties meet the minimum physical standard of repair. As landlords and letting agents get …


A Rough Guide to Scottish Tenancies

Scotland’s private rented sector currently comprises around 395,000 households, every single one with a unique story. There are also some distinctions between rented properties in Scotland and other parts of the world, and from area to area within the country itself. With St. Andrew’s Day approaching, it seems like a good time to look at …


First-tier Tribunal for Scotland: Housing and Property Chamber

As anyone involved in the private rented sector (PRS) in Scotland will know, the judicial body responsible for adjudicating on disputes, including eviction applications and claims for rent arears, is the First-tier Tribunal: Housing and Property Chamber (HPC), rather than the sheriff courts. This has been the case since 1 December 2017. The last statistical …


What Constitutes ‘Financial Hardship’?

Nine months on from their introduction in October 2022, many landlords are still seeking advice on whether their circumstances will satisfy the ‘financial hardship’ eviction grounds, thus allowing them to avoid the eviction moratorium. The relevant grounds are Ground 1A of the Housing (Scotland) Act 1988 and Grounds 1A and 4A of the Private Housing …


Only or Principal Home of a Tenant

What is or what is not the only or principal home of a tenant is a concept that has been with those operating in the private rented sector for many years. It is a concept that was carried forward into the Private Housing (Tenancies)(Scotland) Act 2016 (the 2016 Act). It also forms the basis of …

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