Modification to Damages for Unlawful Eviction Introduced by COLA Landlords will likely be aware that the Cost of Living (Tenant Protection) (Scotland) Act 2022 (COLA 2022) introduced an eviction moratorium. Perhaps less publicised was the introduction of a new method of calculation of the level of damages which can be awarded against a landlord who …
Read more >New guidance has been issued by the Scottish Government detailing changes to the Repairing Standard that take effect and will be enforceable from 1 March 2024. The full guidance can be found here. In addition to the changes identified below, the guidance details what is expected of landlords in relation to the control of mould …
Read more >What is the test? The recent Upper Tribunal decision in Boyle v Ford 2023 UT 04 serves as a reminder to the proper approach to the question of reasonableness in eviction cases. The case concerned a landlord who sought to evict a tenant from a property, relying on the landlord’s intention to sell. The eviction …
Read more >Landlord safety certificates are essential if you want to rent out a property. Not only do you need to comply with Scottish and UK law, but you need to ensure the health and safety of your tenants. At first glance, the certification involved might seem daunting – after all, how many of us know a …
Read more >When the Private Residential Tenancy (PRT) was introduced, one of the main concerns landlords had was the loss of section 33 – the wrongly described “no fault ground”. This created a desire for landlords, where they could, to preserve existing short-assured tenancies (SATs) beyond 1 December 2017 (the date after which no new short-assured tenancies …
Read more >What is the best way to disprove this defence? A recent increase in repairs defences to actions for eviction and payment applications based on arrears has been reported. There are generally three arguments made by tenants in these circumstances: withholding rent in order to compel the landlord to effect a repair; they are due an …
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