Category: Legislation

Landlord Registration

Does absence of landlord registration invalidate the tenancy agreement? Readers will be aware it is an offence for a landlord to let property in Scotland unless registered with the local authority landlord register. If convicted, landlords face a fine of up to £50,000. While the absence of a landlord registration is a matter for which …

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What the New Housing (Scotland) Bill Could Mean for Redecoration

The proposed Housing (Scotland) Bill that has been put forward to the Scottish Parliament introduces several amendments which affect private rented tenancies. One of the changes the Bill proposes relates to the tenant’s right to personalise the property. Section 30 of the Bill outlines the two amendments relating to greater flexibility for the tenant to …

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Propertymark Voices Members’ Opinions on Antisocial Behaviour in the PRS

Propertymark represented its members on the issue of antisocial behaviour (ASB) at a recent engagement session on 4 September 2024 organised by the Independent Working Group on Antisocial Behaviour that was initiated by the Scottish Government. The Minister for Victims and Community Safety, Siobhian Brown commissioned the Independent Working Group on ASB to complete a …

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Assured Tenancies and Contractual Rent Review Clauses

With a recent history of “emergency” rent “freezes”, caps and controls and the prospect of further rent controls coming down the line with the proposed Housing (Scotland) Bill, the issue of how and when landlords can increase rent has become far more significant that it traditionally has been. It is also an issue that is …

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Wrongful Termination

Sham Property Sales The UT recently considered the FTT’s decision to refuse a wrongful termination application notwithstanding its finding that the landlord’s intention to sell was contrived. Background Landlords served a notice to leave informing their tenant of the landlords’ intention to sell (Ground 1 of sch 3, 2016 Act).  The tenant moved out following …

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Scottish Government’s Housing (Cladding Remediation) Act passed – what agents need to know

The Scottish Government’s Housing (Cladding Remediation) Act became law on 21 June 2024, following passage through the Scottish Parliament on 14 May 2024. The intention of the legislation is to prevent accidents like the Grenfell Tower tragedy in London by making buildings in Scotland safer and protecting anyone living in buildings with unsafe cladding. A …

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