Scotland’s private rented sector currently comprises around 395,000 households, every single one with a unique story. There are also some distinctions between rented properties in Scotland and other parts of the world, and from area to area within the country itself. With St. Andrew’s Day approaching, it seems like a good time to look at …
Read more >As anyone involved in the private rented sector (PRS) in Scotland will know, the judicial body responsible for adjudicating on disputes, including eviction applications and claims for rent arears, is the First-tier Tribunal: Housing and Property Chamber (HPC), rather than the sheriff courts. This has been the case since 1 December 2017. The last statistical …
Read more >Nine months on from their introduction in October 2022, many landlords are still seeking advice on whether their circumstances will satisfy the ‘financial hardship’ eviction grounds, thus allowing them to avoid the eviction moratorium. The relevant grounds are Ground 1A of the Housing (Scotland) Act 1988 and Grounds 1A and 4A of the Private Housing …
Read more >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 >The Fit and Proper Test In a recent judicial review brought by private landlord, Anu Sharma, the Court of Session has provided useful clarification on the nature of the fit and proper person test to be applied by local authorities when determining whether or not to permit, refuse or remove a landlord from the register. …
Read more >Defended Tribunal applications inevitably lead to delays in the process for landlords in terms of recovery. This is in addition to the enforcement of eviction delays due to the eviction moratorium. One could not be criticised for suggesting that the balance of fairness now appears to be heavily weighted in favour of the tenant both …
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