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 … More

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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 … More

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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. … More

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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 … More

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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 … More

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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 … More

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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 … More

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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 … More

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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 … More

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