What is or what is not the only or principal home of a tenant is a concept that has been with those operating in the private rented sector for many years. It is a concept that was carried forward into the Private Housing (Tenancies)(Scotland) Act 2016 (the 2016 Act). It also forms the basis of …
Read more >One of the new concepts that the private rented sector in Scotland got with the introduction of the Private Housing (Tenancies) (Scotland) Act 2016 (2016 Act) was that of Wrongful Termination Orders (WTO). The ability for tenants to seek a WTO is intended to police the misuse of grounds for possession by landlords by allowing …
Read more >The rent freeze and accompanying evictions ban was introduced by the Scottish Government in September 2022 under emergency legislation as a measure to help to tackle the cost of living crisis. In effect, the rent freeze was a cap set at 0% for both the social and private rental sectors. From April 1st 2023, the …
Read more >Consultation and the concept of personalising a home There has been much discussion in recent years about the ability of tenants to keep a pet in their private rented property, and the topic has once again become a talking point with the Scottish Government publishing in August analysis of the consultation on its “A New …
Read more >Until the emergency provisions of the Coronavirus legislation, the private rented sector in Scotland (PRS) rarely had to contend with determining whether it was reasonable to evict a tenant. The traditional approach was, because of the implicit uncertainty in relying on discretionary grounds for possession, to avoid them“like the plague”. The reason for this was …
Read more >The Coronavirus (Recovery and Reform)(Scotland) Bill 2022 (the Bill) has made its way through all the required stages of scrutiny by the Criminal Justice Committee, and we now have sight of the Bill in its final form, and as passed. As suspected, the Bill, in so far as it relates to the Private Rented Sector …
Read more >
