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 …
Read more >The Cost of Living (Tenant Protection)(Scotland) Act 2022 (the Act) came into force on 28th October 2022 and introduced what was described by the Scottish Government as “emergency measures” to respond to the cost of living crisis. With the Act we got the rent cap (originally a rent freeze) and the eviction moratorium which operates …
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 >Modification to Damages for Unlawful Eviction Introduced by COLA Landlords will likely be aware that the Cost of Living (Tenant Protection) (Scotland) Act 2022 (COLA 2022) introduced an eviction moratorium. Perhaps less publicised was the introduction of a new method of calculation of the level of damages which can be awarded against a landlord who …
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