Category: Legal

Deposits and “Only or Principal Home”

We have blogged on issues around the duties on landlords under the Tenancy Deposit Schemes (Scotland) Regulations 2011 (as amended) (the Regulations), short-term lets and what is and what is not an “only or principal home” before.  In a recent appeal before the Upper Tribunal, these issues came together when a group of university students …

Read more  >

Landlord Registration

Does absence of landlord registration invalidate the tenancy agreement? Readers will be aware it is an offence for a landlord to let property in Scotland unless registered with the local authority landlord register. If convicted, landlords face a fine of up to £50,000. While the absence of a landlord registration is a matter for which …

Read more  >

Lets Talk with Jacqueline Omoniyi of Under One Roof Scotland

In episode 93 of Lets Talk, Jacqueline Omoniyi, Education and Training Officer for Under One Roof Scotland talks about her wealth of experience in the Scottish property sector. Jacqueline brings a unique perspective on housing, tenement management, and owners’ associations. This episode is filled with insights and discussions that are both timely and relevant to …

Read more  >

Tenancy Deposits

The Scottish Government has recently published some interesting statistics about tenancy deposits in Scotland in response to a Freedom of Information Request. The publication itself can be found here and provides data on all three of the approved tenancy deposit schemes, how many deposits they each hold and the value of same. The clear ‘winner’ …

Read more  >

Assured Tenancies and Contractual Rent Review Clauses

With a recent history of “emergency” rent “freezes”, caps and controls and the prospect of further rent controls coming down the line with the proposed Housing (Scotland) Bill, the issue of how and when landlords can increase rent has become far more significant that it traditionally has been. It is also an issue that is …

Read more  >

Wrongful Termination

Sham Property Sales The UT recently considered the FTT’s decision to refuse a wrongful termination application notwithstanding its finding that the landlord’s intention to sell was contrived. Background Landlords served a notice to leave informing their tenant of the landlords’ intention to sell (Ground 1 of sch 3, 2016 Act).  The tenant moved out following …

Read more  >