Category Archives: Bullet Point Update


April 2019 – “Real Burdens” & “Common Schemes” to be re-vamped

Most homeowners’ titles to their property contain what are called “real burdens”. A “real burden” is an obligation affecting the property which normally requires something to be done or not to be done.  For example, affirmatively, a real burden may … More

Posted in Bullet Point Update Tagged , ,

March 2019 – The Private Rented Sector – The “Repairing Standard” Evolves

If you rent out a property as a private landlord it’s your duty to make sure the property meets the “repairing standard”. New legislation came into force on 1st March 2019 making changes in relation to the repairing standard. (The … More

Posted in Bullet Point Update Tagged , , ,

February 2019 – The Scottish Government Ponders Cohabitant Quandaries

This month the Scottish Government issued a(nother) consultation on the law of succession. Among other things it includes a section which suggests reforms to cohabitants’ succession rights. To give some context to that particular aspect of the matter it is … More

Posted in Bullet Point Update

January 2019 – A High Hedge is a High Hedge is a High Hedge”

The High Hedges (Scotland) Act 2013 (“the Act”) came into effect in April 2014. It gave local authorities the power to act as adjudicators in disputes between neighbours about high hedges. Before the Act there was no legislative scheme to … More

Posted in Bullet Point Update Tagged , ,

November 2018 – Chop & Change for Claim Cut-Off Dates – The Prescription (Scotland) Bill

The Prescription (Scotland) Bill was passed by the Scottish Parliament on 8th November (by 111 votes with none against and no abstentions). Although the law of “prescription” has existed in Scotland for many years the Bill makes various important adjustments … More

Posted in Bullet Point Update Tagged , , , ,

October 2018 – Autumn Budget & “principal private residence relief” Some tinkering at the edges

The Chancellor’s Autumn Budget has had its fair share of attention and summaries of its contents are readily available on the internet. The aim of this update is not to give an overview of the Budget but to focus on … More

Posted in Bullet Point Update Tagged , , , ,

September 2018 – Last Call For Letting Agent Register

The January Bullet Point Update touched on the new Code of Practice for Letting Agents http://www.mitchells-roberton.co.uk/bullet-point-update/january-2018-letting-agents-code/ which anyone who falls within the definition of “letting agent” is required to follow. This Update is concerned with the requirement for “letting agents” … More

Posted in Bullet Point Update Tagged , , ,

August 2018 – Opting in? Organ donation and/or Anatomical Research

Proposed “opt-out” system for organ donation In June the Human Tissue (Authorisation)(Scotland) Bill was introduced to the Scottish Parliament. The main purpose of the Bill is to introduce a soft “opt-out” system of organ donation for the purposes of transplantation. … More

Posted in Bullet Point Update Tagged , , ,

July 2018 – Commercial leases under the microscope

Commercial leases are big business in Scotland. But while there are acres of excruciating legislation covering residential and agricultural leases there’s precious little covering commercial ones. That can be an advantage. The absence of detailed legislative provision allows for greater … More

Posted in Bullet Point Update Tagged , ,

June 2018 – First time buyers & a “Land and Buildings Transaction Tax” break

Some modest relief from “Land and Buildings Transaction Tax” (“LBTT”) has been introduced for first-time buyers. The relevant statutory order (the snappily-titled “Land and Buildings Transaction Tax (First-Time Buyer Relief)(Scotland) Order 2018”) came into force on 30th In outline, the … More

Posted in Bullet Point Update Tagged , , , ,