Category: Property

The Civic Government (Scotland) Act 1982 (Licensing of Short-term lets) Order 2022 – What Do You Need to Know?

The significant increase in short-term holiday lets within Edinburgh and throughout the country has led to the Scottish Government legislating as a means to control this element of the rental market under the Civic Government (Scotland) Act 1982 (Licensing of Short-term lets) Order 2022. While the Licensing Order was brought into force in March 2022 …

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Rent Freeze and Eviction Ban

On 6 September 2022, the Scottish Government announced a combined rent freeze and moratorium on evictions to help people through the current cost of living crisis. This is to be the centrepiece of the 2022-23 Programme for Government, which outlines emergency legislation to be introduced to put in place a rent freeze until at least …

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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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