Tenement Law: Compulsory Owner’s Associations

The Scottish Law Commission recently published a discussion paper containing provisional proposals for the introduction of owners’ associations. The paper runs to over 200 pages and follows a recommendation in 2018 that establishing owners associations could help improve the condition of tenements throughout Scotland. Landlords should note that a ‘tenement’ includes any building made up …

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What does the Collapse of the Bute House Agreement mean for the Housing Sector?

They say 24 hours is a long time in politics, an adage that has never been truer for Scottish politics than in the last week of April 2024. The dismay with missed climate targets moved quickly from sabre rattling and a threatened members vote in the Green party to an unceremoniously sacking of the two …

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Housing (Scotland) Bill: Rent Controls

The much anticipated first draft of the Housing Bill (the Bill) which (when/if passed will become the Housing (Scotland) Act 2025) was published by the Scottish Government on 26 March 2024. As with all bills the wording of some can change and provisions can be added or removed as it goes through the various stages …

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The End of the Cost Of Living (Tenant Protection) (Scotland) Act 2022

As explained in previous blogs, the temporary changes introduced by the Cost of Living (Tenant Protection) (Scotland) Act 2022 on 31 October 2022 ended on 31 March 2024. So, whilst new rules come into play for adjudicating rent disputes, the end of the 2022 Act also means the expiry of the provisions that relate to …

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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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Navigating Housing Reforms in Scotland: A New Era for Tenants

Scotland stands on the brink of significant housing legislation changes, marking a pivotal moment for tenants and the housing sector at large. The Scottish Government’s extension of emergency measures under the Cost of Living (Tenant Protection) (Scotland) Act 2022, including a rent cap and eviction pause until 31 March 2024, represents a critical lifeline for …

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