Latest News & Blogs

March 28, 2018
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New PRT – Landlords Guide

The Private Housing (Tenancies) (Scotland) Act 2016 commenced on 1 December 2017 and introduced the ‘private residential tenancy’. Its purpose is to improve security, stability and predictability for tenants and provide safeguards for landlords, lenders and investors. The new tenancy will be open-ended and will last until a tenant wishes to leave the let property or a landlord uses one (or more) of 18 grounds for eviction. Improvements for landlords include: no more confusing pre-tenancy notices, such as the AT5 where a tenant is in rent arrears, a landlord can refer a case for repossession more quickly a Scottish Government ‘model private residential tenancy agreement’, which includes standardised mandatory and discretionary tenancy terms a digital version of the Scottish Government ‘model private residential tenancy agreement’, an online tool that can be edited, allowing landlords to easily put together and send out a tenancy agreement suitable for their specific property one simple notice when […]
March 28, 2018
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New PRT – Tenants Guide

The Private Housing (Tenancies) (Scotland) Act 2016 commenced on 1 December 2017 and introduced the new ‘private residential tenancy’. Its purpose is to improve security, stability and predictability for you as a tenant and provide safeguards for landlords, lenders and investors. The tenancy will be open-ended and will last until you wish to leave the let property or your landlord uses one (or more) of 18 grounds for eviction. Improvements for tenants include: more security – it’s an open-ended tenancy so your landlord can’t just ask you to leave because you’ve been in the property for a set length of time protection from frequent rent increases – your rent can’t go up more than once a year and you must get at least three months’ notice of any increase any rent increase can be referred to a rent officer, who can decide if they’re fair if you’ve lived in a property for more […]
March 23, 2018
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Divorce in Scotland

Decree nisi and decree absolute are orders granted in English law in relation to divorce. In Scotland it is different and the court will grant a decree of divorce which is a final order. Most of the times in Scotland financial and other matters in relation to separation will be dealt with by way of a written agreement with no need to ask the court to intervene. After the agreement is signed you can apply to the court for divorce without needing to bring in all the other issues that arise on separation. Separation agreements must be fair and reasonable at the time they are signed, so it is important, even if you do not raise an action in court, that you get advice from a solicitor with experience in family law. If you require any advice on separation or divorce, please contact our expeienced solicitors, Iain Wilson and Sarah […]
March 22, 2018
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Dead or Alive?

A man who presented himself before a Court to prove that he is still alive has been refused the annulment of his death certificate. Mr Deliu (63) was declared dead in 2016 two decades after he left Romania to work in Turkey. He had no contact during that period with his (allegedly unfaithful) wife, who reported his death. Mr Deliu returned to Romania in January and sought to annul the death certificate to enter into legal employment. However the Judge ruled that the deadline for appealing a death certificate had passed and there was nothing they could do!
March 22, 2018
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Eviction Grounds under The Private Housing (Tenancies) (Scotland) Act 201

  Schedule 3 of the 2016 Act deals with the grounds for eviction that can be categorized in the following groups: The let property is required for another purpose. The Landlord intends to sell If the Landlord intends to sell, the First-tier Tribunal must find evidence this is indeed the case, i.e. a letter form a solicitor confirming that the sale has been instructed would suffice. Property to be sold by Lender The First-tier Tribunal must find that the ground applies if the property is subject to a Standard Security. A creditor under the security (the Lender) can sell the property and requires vacant possession. Landlord intends to refurbish   It is an eviction ground if Landlord intends to carry out an extensive disruptive work to the property. The First-tier Tribunal will wish to see evidence to this effect – for example a planning permission or contract between the Landlord […]

TAX RELIEF FOR FIRST-TIME BUYERS

The abolition of SDLT for first -time buyers in England and Wales was a welcome Budget announcement. From 22 November 2017, first-time buyers will be relieved from SDLT on the first 300k paid for their property, so long as the value of the property does not exceed 500k. The measure is expected to benefit 95% of first-time buyers saving them an average of £1660 each.

In a similar move, the Scottish Government announced in it’s budget that it will be introducing LBTT relief on the first 175k paid by first-time buyers in Scotland.

Although considerably less than the SDLT relief, this is expected to cover most properties in Scotland, and will exclude 80% of first-time buyers from LBTT entirely. Additionally, as there is no upper limit on the value of the property, the tax paid by all first-time buyers will be reduced.