Bullet Point Updates – Current

Bullet Point Update is our monthly online resource that discusses a topical area within the field of law. Each post is researched by a member of our expert legal team and offers information about legal issues that may be relevant to you or your business.

Find below links to our most recent additions. Click the link that you wish to explore or use the search tool located at the top of the page.

 

You can also review past posts in our archive.

 

Please note that all of the material found within our Bullet Point Updates is for information purposes only and does not constitute any form of advice or recommendation by us. You should not rely upon it in making any decisions or taking or refraining from taking any action.

 

  • October 2017 – “To boldly go” New private residential tenancy agreements – Model Agreements

    The Bullet Point Updates for April and May 2016 gave an outline of the radical re-vamp of private residential tenancies under the Private Housing (Tenancies)(Scotland) Act 2016) (“the new Act”) and the July 2017 BPU touched on an aspect of bridging the gap between the old forms of tenancy (i.e. “assured” and “shirt assured”) and ...
  • September 2017 – Latin Tag Axed. Third Party Rights Reborn

    The Contract (Third Party Rights)(Scotland) Bill (“the Bill”) The Bill was passed by the Scottish Parliament on 21st September. 109 votes were cast in favour; there were no votes against; and no abstentions. Something so uncontroversial does sound a bit boring. That was signalled by Graham Simpson, MSP, in the Stage 3 Parliamentary debate: “I have had a ...
  • August 2017 – Property Factors and Who is a “homeowner”

    The Bullet Point Update for October 2013 gave an outline of the Property Factors (Scotland) Act 2011. By way of a brief re-cap, before the 2011 Act was passed property factors in Scotland were not subject to regulation or any minimum standards of practice. In particular, disputes between property factors and homeowners could only be resolved by ...
  • July 2017 – Private tenancies – Old and New

    The Bullet Point Updates for April 2016 and May 2016 gave an outline of the radical re-vamp of private residential tenancies under the Private Housing (Tenancies)(Scotland) Act 2016) (“the new Act”) which is expected to have effect from December this year. The Scottish Government recently published guidance on the new Act for landlords https://beta.gov.scot/publications/private-residential-tenancies-landlords-guide/ and separately for ...
  • June 2017 – Rectifying A Wayward Will

    Rectifying contracts and other deeds Since 1985 there have been statutory provisions in place so that where: a contractual document fails to express accurately the common intention of the parties when the agreement was made; or a document intended, for example, to transfer property fails to express accurately the intention of the person granting the document when it ...
  • May 2017 – “Fixing a blip with ADS” – The Additional Dwelling Supplement & Second Homes

    Something was said about Additional Dwelling Supplement in Bullet Point Update 1 of 2016 (“Second  homes &  Land and Buildings Transaction Tax”). This note focuses exclusively on a particular forthcoming change to the rules about ADS concerning cases where a couple are jointly buying a new home. The way in which the existing rules work is ...
  • April 2017 – “April is the cruellest month” – Burial and Cremation (Scotland ) Act 2016

    The quote from T S Eliot’s The Wasteland is hardly cheerful but seems an apt title for the subject matter of this month’s update: burial and cremation. The subject is not entirely topical except that this month is the anniversary of the passing of the Burial and Cremation (Scotland ) Act 2016 which, as they say, ...
  • March 2017 – Letting Agents Register & Code of Practice

    Section 29 of the Housing (Scotland) Act 2014 requires the setting up of a mandatory register of letting agents and section 43 gave Scottish Ministers power to set out a code of practice about letting agency work. The Letting Agent Registration (Scotland) Regulations 2016 specifies the information required for  mandatory register of letting agents and the ...
  • February 2017 – In terrorem “Penalty clauses” in contracts – the Scottish Law Commission review

    The Scottish Law Commission is currently reviewing the law on “penalty clauses” in contracts. Their consultation exercise closes at the end of this month. It’s worth outlining what “penalty clauses” are; the current state of the law; and what the Scottish Law Commission has in mind. What “penalty clauses” are Happily, the use of Latin by lawyers ...
  • January 2017 – Charities becoming SCIOs (Scottish Charitable Incorporated Association)

    There are over 24,000 charities registered with the Office of the Scottish Charity Regulator (“OSCR”). These come in all shapes and sizes and are constituted in various forms. In the main, charities will be set up in the form of a “trust” or an “unincorporated association” or a “company limited by guarantee” or a “Scottish Charitable ...

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