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Introduction of the new Private Residential Tenancy (PRT) in Scotland

A new tenancy regime in Scotland, the ‘Private Residential Tenancy’ (PRT) will take effect from 1st December 2017 following approval by the Scottish Government of The Private Housing (Tenancies) (Scotland) Act 2016. The Scottish Government has recently introduced further legislation to clarify the position regarding existing Short Assured Tenancies (SATs) which confirms that the new…

Proposals To Improve The Energy Efficiency And Condition Standards Of Privately Rented Housing In Scotland

New proposals to ensure all privately rented homes in Scotland meet a minimum standard of energy efficiency have been published for consultation. The consultation seeks views on requiring all private rented sector properties to have a minimum Energy Performance Certificate (EPC) rating of ‘E’ at a change in tenancy from 2019 – and rising to…

New Structure for Tribunals in Scotland from 1st December 2016

A new structure for tribunals in Scotland comes into effect on Thursday 1 December 2016 with the launch of the Housing and Property Chamber of the First-tier Tribunal for Scotland and the Upper Tribunal for Scotland. The Tribunals (Scotland) Act 2014 created a modernised format bringing devolved tribunal jurisdictions together. The Act creates two new…

Energy Performance Regulations

On 1st September 2016, new carbon and energy performance regulations for commercial property in Scotland will come into effect. They apply to larger buildings, those with a floor area of more than 1,000 m² and are triggered by either sale or by lease to a new tenant. Generally, owners of such buildings also require to provide…

New Private Tenancies Bill Passed

A new law that will modernise the private rented sector has been passed by the Scottish Parliament. The Private Housing (Tenancies) (Scotland) Bill aims to create simpler tenancies, offer stability and security to the 700,000 tenants who call the private rented sector home, and ensure predictability over rent increases. Provisions of the Private Housing (Tenancies)…

Introduction of 3% Supplement on Purchase of Second Properties

Following a similar announcement by the UK Chancellor, the Scottish Government propose introducing the additional supplement of 3% on the purchase price of second properties. With its introduction as early as April 2016, the surcharge will be on top of The Land and Buildings Transaction Tax (LBTT) which replaced UK stamp duty last year. LBTT…

Proposals For A New Tenancy Regime In Scotland

As you will no doubt be aware, the long anticipated Private Housing (Tenancies) (Scotland) Bill, outlining proposals for a new tenancy regime in Scotland, was recently published by the Scottish Government. The bill proposes a complete reform of the current tenancy regime, making the biggest changes to Scottish landlord/tenant legislation seen in over 25 years….

Carbon Monoxide Alarms in Privately Rented Properties

From 1st December 2015, the Housing (Scotland) Act 2014 introduces changes relating to the requirement for provision of carbon monoxide alarms and detectors in private rented housing. The 2014 Act introduces an amendment to the Repairing Standard, which applies to all private rented housing. The Repairing Standard will be amended to include the additional requirement that “the…