Category: Property

What Is Considered Fair Wear and Tear in Rentals?

Fair wear and tear refers to the reasonable deterioration in the condition of a rented property, caused by normal everyday usage while the tenant lives there. But what is the difference between wear and tear and damage, and when do landlords have a right to act to claim the cost of repairing or replacing their …

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Eviction Grounds and Reasonableness

Until the emergency provisions of the Coronavirus legislation, the private rented sector in Scotland (PRS) rarely had to contend with determining whether it was reasonable to evict a tenant. The traditional approach was, because of the implicit uncertainty in relying on discretionary grounds for possession, to avoid them“like the plague”. The reason for this was …

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The Collective Living Concept

To those involved in the explosive growth of the Residential Investment Sector in the UK, with the (long) overdue entry to the market of institutional investment, it has become increasingly clear there are opportunities for new and innovative forms of residential rental accommodation. These concepts can maximise affordability for tenants, while retaining quality of operation …

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Section 33… No Fault?

Pre-Covid, section 33 of the Housing (Scotland) Act 1988 was the “no fault” route to recovery of a short assured tenancy. A private landlord could issue the relevant notices to bring the tenancy to an end and pursue a successful action for eviction in the event the tenant failed to vacate. No reason was required …

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Renters’ Right to a Pet Will Come with a Cost

With 60% of all UK households now having a pet, the issue of the rights of renters to keep a pet as part of their tenancy has been moving up the political agenda. There is a discussion taking place right now in Scotland as part of the wider reform of the private rented sector on …

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The Coronavirus (Recovery and Reform)(Scotland) Bill 2022

The Coronavirus (Recovery and Reform)(Scotland) Bill 2022 (the Bill) has made its way through all the required stages of scrutiny by the Criminal Justice Committee, and we now have sight of the Bill in its final form, and as passed. As suspected, the Bill, in so far as it relates to the Private Rented Sector …

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