Category: Legislation

Upper Tribunal Decision: Wrongful Termination Orders

In a previous blog, we looked at Private Residential Tenancies (PRT) and Wrongful Termination Orders (WTO), which are a “new” (in the legal sense) innovation introduced by sections 57 and 58 of the Private Housing (Tenancies)(Scotland) Act 2016 (the 2016 Act). The point of WTOs being that they “police” misuse of the grounds for possession …

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Dangerous Dogs in PRS Tenancies in Scotland

Since the turn of the year, the forthcoming ‘XL bully ban’ has attracted media attention. Now, with changes to the legislation set to be enforced from 1st August 2024, we explore how the new rules may impact landlords and tenants in the Private Rented Sector (PRS). In January 2024, the Scottish Government announced a two-stage …

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Part 3 of the Housing Bill Should not be Overlooked

Continuing to look past the headline grabbing parts of the recent Housing Bill, the Local Government, Housing and Planning Committee considered part 3 of the proposed legislation at a session on 25th June, and what it means for placemaking and tenancy sustainment in the private rented sector (PRS). Parts 1 and 2 of the Bill …

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What is the First-tier Tribunal and what is its Purpose?

The First-tier Tribunal for Scotland (Housing and Property Chamber) exists to make decisions on cases that relate to housing. Prior to the First-tier Tribunal, cases related to housing would have been handled by two separate entities – the Private Rented Housing Panel (PRHP) and the Homeowner Housing Panel (HOHP). The current First-tier Tribunal system handles …

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Compulsory Owners’ Associations

Managing and maintaining a tenement building requires co-operation from multiple owners. This can be tricky, especially in buildings with mixed ownership, such as landlords and owner-occupiers. However, having an owners’ association, a formal arrangement between the owners, complete with a constitution, and agreed rules and procedures, can make it much easier. Photo credit: © Startup …

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‘Very little’ Being Done to Address Scotland’s Rental Housing Shortage – Propertymark  

Scotland’s Housing Bill ‘does very little to increase the supply of private rented homes’, Propertymark argues. The Local Government, Housing and Planning Committee are currently examining the Bill and have asked for views on the legislation. It consists of proposals for long-term rent controls, new rights to retain pets and decorate properties, and enhanced safeguards …

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