Category: Legislation

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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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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United Nations Convention on Rights of the Child and the new Tribunal Rules

In July 2024 the UNCRC (Incorporation) (Scotland) Act 2024 incorporated the United Nations Convention on the Rights of the Child (UNCRC) into Scots law. This meant that Scottish public authorities including the First-tier Tribunal (FtT), must act compatibly with the UNCRC. What is the UNCRC? The UNCRC is an international treaty setting out the civil, political, …

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Lets Talk with Timothy Douglas

The Scottish private rented sector continues to face significant political, legislative and operational change, with growing debate around housing supply, affordability, taxation and regulation. In episode 110 of Lets Talk, Timothy Douglas, Head of Policy and Campaigns at Propertymark, returns to discuss some of the biggest issues currently affecting landlords, letting agents and tenants across …

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Landlord Registration

Landlord registration is a fundamental requirement for anyone letting residential property in Scotland. Introduced to improve standards across the private rented sector, it ensures that landlords are “fit and proper” to let property and that tenants are protected from poor management practices. Whether you are a first-time landlord or an experienced investor, understanding the registration …

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