What is the best way to disprove this defence? A recent increase in repairs defences to actions for eviction and payment applications based on arrears has been reported. There are generally three arguments made by tenants in these circumstances: withholding rent in order to compel the landlord to effect a repair; they are due an …
Read more >Ground 8, the mandatory rent arrears ground, was the most common ground for eviction under the assured tenancy regime. Courts, and latterly the Tribunal, had no discretion but to grant an eviction order provided that both – at the date of service of the AT6 and at the date the case first called, the tenant …
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 >Partner at Bannatyne, Kirkwood, France & Co (BKF & Co) Rory Cowan, features on episode 55 of Lets Talk. Rory talks about the history of the company and the services that they specialise in, as well as what led him to focus on practising property law. With all the changes in private rented sector legislation …
Read more >A new study has been published, exploring landlords’ perspectives on temporary Coronavirus legislation which was introduced by the UK and Scottish governments to prevent a surge in evictions in both private and social rented sectors. Conducted by University of Glasgow researcher, Andrew Watson, and director of Urban Big Data Centre and professor of Urban Studies …
Read more >One of the temporary measures introduced by the Scottish Government in response to the Coronavirus pandemic was pre-action requirements that landlords and agents in the private rented sector must comply with prior to seeking repossession of a property for rent arrears that have occurred during the Covid-19 period. The Rent Arrears Pre-Action Requirements (Coronavirus) (Scotland) …
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