Category: Legislation

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 …

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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 …

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Scottish Government’s Housing (Cladding Remediation) Act passed – what agents need to know

The Scottish Government’s Housing (Cladding Remediation) Act became law on 21 June 2024, following passage through the Scottish Parliament on 14 May 2024. The intention of the legislation is to prevent accidents like the Grenfell Tower tragedy in London by making buildings in Scotland safer and protecting anyone living in buildings with unsafe cladding. A …

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Upper Tribunal Decision: Wrongful Termination Orders

In a previous blog, we looked at Private Residential Tenancies (PRT) and Wrongful Termination Orders (WTO), which are a “new” (in the legal sense) innovation introduced by sections 57 and 58 of the Private Housing (Tenancies)(Scotland) Act 2016 (the 2016 Act). The point of WTOs being that they “police” misuse of the grounds for possession …

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Dangerous Dogs in PRS Tenancies in Scotland

Since the turn of the year, the forthcoming ‘XL bully ban’ has attracted media attention. Now, with changes to the legislation set to be enforced from 1st August 2024, we explore how the new rules may impact landlords and tenants in the Private Rented Sector (PRS). In January 2024, the Scottish Government announced a two-stage …

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Part 3 of the Housing Bill Should not be Overlooked

Continuing to look past the headline grabbing parts of the recent Housing Bill, the Local Government, Housing and Planning Committee considered part 3 of the proposed legislation at a session on 25th June, and what it means for placemaking and tenancy sustainment in the private rented sector (PRS). Parts 1 and 2 of the Bill …

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