Category: Legislation

Notices to Leave and Their Validity

In a recent Upper Tribunal (UT) decision, the UT looked again at the question of the validity of Notices to Leave where there were errors or omissions in the notices and, in particular, to what extent a failure to complete all parts of the prescribed form for the notice to leave (NTL) would invalidate the …

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Before You Let: A Compliance Checklist for Scottish Landlords

Before you welcome your first tenants, you need to ensure that you comply with the many regulations related to the residential lettings industry. As a landlord you are obliged to meet certain legal requirements and your property must also meet specific minimum standards. The purpose of this guidance sheet is to provide you with an …

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Sheriff Appeal Court Dismisses Claim against Landlords under Occupiers’ Liability (Scotland) Act 1960

The Sheriff Appeal Court has recently upheld a decision that a landlord did not breach their duties under the Occupiers’ Liability (Scotland) Act 1960. The case involved a tenant, NM, who sought damages after her children fell into a hot bath sustaining injuries. NM held a short-assured tenancy from March 2017 to November 2018. In …

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Minimum Energy Efficiency Standards Proposed for PRS in Scotland: What Landlords Need to Know

The Scottish Government has published yet another consultation, the seventh in just over eight years, on energy efficiency in the private rented sector (PRS). This time, draft regulations propose introducing a Minimum Energy Efficiency Standard (MEES) that would require most PRS properties to meet an EPC equivalent of C in the coming years. What’s the …

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2025 – 15 Years of the Equality Act

The Equality Act came into force in October 2010, bringing several previous pieces of legislation addressing discrimination on the grounds of sex, race, sexual orientation and disability under one overall legislative framework. The Act also prohibited discrimination on several new grounds too, giving legal grounds for complaint on 9 protected characteristics: age disability gender reassignment …

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Housing Bill Stops Short of Implementing New Requirements on Damp and Mould for Private Landlords

Whilst the most recent developments on the legislative journey for the Housing Bill did not include changes that would require Scotland’s private rented sector to react within set timescales to reports of dampness and mould, it would be prudent for all landlords to review how they deal with reports of dampness and mould, as pressure …

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