Category: Legal

Heritable Creditors and the Repairing Standard

In a recent decision of the Upper Tribunal, which reversed a decision of the First-tier Tribunal, the Upper Tribunal judge decided that a heritable creditor, who had not yet entered into possession of a property with sitting tenants could not be a ‘landlord’ for the purpose of the Housing (Scotland) Act 2006 (the 2006 Act) …

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Upper Tribunal Decision – Benefit Considerations in Rent Arrears Cases

The Upper Tribunal (UT/AP/0973) has recently quashed a decision of the First-tier Tribunal for Scotland (Housing and Property Chamber) (FTT) granting an eviction order of a Private Residential Tenancy on the basis of substantial rent arrears. In the case of Feathersone v Nwaobi, (EV/23/1073) notice to leave was served under grounds 12 and 12A of …

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Lets Talk with Kirstie Donnelly from TC Young

Episode 81 features Kirstie Donnelly, an Associate Solicitor with TC Young giving advice for landlords and letting agents on correct procedures to follow for certain unresolved issues with tenants. Kirstie initially talks about the history of TC Young, the company’s dedicated Private Rented Sector team, their experience and the services that they provide. Lets Talk …

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Propertymark Questions Scottish Government’s Use of Resources to Tackle the Housing Crisis

Scottish councils will soon have additional powers to raise funds by doubling the amount of council tax second homeowners pay, but Propertymark has questioned the effectiveness of this proposal and the Scottish Government’s use of existing taxes collecting from property transactions to help solve the country’s housing crisis. This is partly due to the fact …

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2024: What’s Happening in the PRS?

With the Scotland football team flying off to Germany for the Euros, and the 2024 Olympics taking place in Paris, we are looking at what could be a very exciting year ahead. It’s set to be a busy year for the private rented sector (PRS) too, with an already busy calendar of forthcoming developments and …

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Renunciations and Bringing Leases to an End

In a case that is of perhaps of more historical interest in that it relates to the renunciation of assured and short-assured tenancies under the Housing (Scotland) Act 1988 (the 1988 Act), the Upper Tribunal looked at the situation where it was alleged that the landlord had, with a view to evicting the tenant, persuaded …

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