The New Face of the Private Rented Sector  (430.7 KB)
15th November 2017

The way in which residential properties are let in Scotland will change significantly when the provisions of the Private Housing (Tenancies) (Scotland) Act 2016 ("the Act") come fully into force. At that point it will no longer be competent to grant Assured or Short Assured Tenancies; the Act introduces the new Private Residential Tenancy (PRT).

Private Rented Sector Housing: Regulation and Landlords' Responsibilities  (407.1 KB)
15th November 2017

Letting properties within the Scottish Private Rented Sector is a highly regulated activity. It is easy to fall foul of the ever increasing amount of regulation. This Note gives a brief overview of the main areas of regulation with which a Private Rented Sector landlord has to comply in Scotland.

Private Rented Sector Housing: Tenancy Types  (380.0 KB)
15th November 2017

There is a considerable variety of tenancy types which can be found in the Scottish Private Rented Sector. This Note details some of the most common types and gives a brief overview of each.

Modern Limited Duration Tenancies  (291.0 KB)
18th October 2017

The new form of fixed term agricultural lease, the Modern Limited Duration Tenancy (MLDT), comes into existence on 30th November 2017. That means any Limited Duration Tenancies (LDTs) currently being negotiated need to be entered into by 29th November 2017 to remain LDTs otherwise they are MLDTs regardless of what it may say in the lease.

Non-Domestic Rates  (293.0 KB)
9th October 2017

The Land Reform (Scotland) Act 2016 reintroduced non-domestic rates for shooting rights and deer forests (both of which had been exempted from rates in 1995) with effect from 1st April 2017.

Persons with Significant Control and Agriculture  (348.3 KB)
4th July 2017

Important new reporting requirements arise for some farmers using partnership and corporate vehicles following recent changes to the People with Significant Control regime.

Energy Efficiency and Condition Standards in Private Rented Sector Housing  (351.4 KB)
28th June 2017

The Scottish Government has launched a consultation regarding energy efficiency and condition standards affecting Private Rented Sector Housing.

Private Rented Sector Housing: New Tenant Information Pack and AT5 Form  (285.2 KB)
2nd December 2016

As part of the reforms affecting the Private Rented Sector ("PRS") the functions of the Private Rented Housing Panel and Private Rented Housing Committees were transferred to the new Housing and Property Chamber of the First Tier Tribunal on 1st December 2016.

The New Electronic Communications Code  (310.0 KB)
22nd November 2016

A Telecommunications Code was first enacted in the Telecommunications Act 1984. In 2003 it was extended to cover all electronic communications. The UK Government has now introduced a new Electronic Communications Code (the “New Code”) within the Digital Economy Act 2017 but the New Code is not yet in force

Private Rented Sector Housing: Regulation and Landlords’ Responsibilities  (412.2 KB)
21st September 2016

Letting properties within the Scottish Private Rented Sector is a highly regulated activity. It is easy to fall foul of the ever increasing amount of regulation. This Note gives a brief overview of the main areas of regulation with which a Private Rented Sector landlord has to comply in Scotland.

Does your tenant have a right to rent your property in England?  (284.7 KB)
13th July 2016

Since 1st February 2016 private landlords of residential properties throughout England are required to check the immigration status of prospective tenants and other occupiers to ascertain whether those parties have the right to be in the UK.

The Land Reform (Scotland) Act Part 10 – Agricultural Holdings  (424.4 KB)
17th May 2016

The Stage 3 debate on the Land Reform (Scotland) Bill took place on 16th March 2016. Shortly afterwards, the Land Reform (Scotland) Act 2016 (“the Act”) received Royal Assent and the majority of the Act will be brought into force by the Scottish Ministers by regulations.

Land Reform Update - April 2016  (431.6 KB)
22nd April 2016

On 16th March 2016, the Land Reform (Scotland) Bill was passed, as expected, by the Scottish Parliament. The Bill was passed on a day that saw many long serving MSPs tender their farewell speeches before dissolution of the Parliament which was perhaps fitting, given that Land Reform has been synonymous with the Scottish Parliament since it was established in 1999.

Voluntary registration of land in the land register of Scotland - Update  (115.5 KB)
21st April 2016

In June 2015, we published a briefing note on the potential benefits and risks of voluntary registration of land in the Land Register of Scotland.

The Main Differences Between Scottish, English & Welsh Conveyancing  (390.6 KB)
9th March 2016

In England and Wales, properties are generally marketed by independent estate agents at an advertised price. Generally, in a slow market prospective buyers make an offer below the advertised price but in a growing housing market they are more likely to offer the advertised price or higher. To market a property in England and Wales, it must have an Energy Performance Certificate.

LBTT: The New 3% Surcharge on Certain Dwellings  (295.3 KB)
15th February 2016

In its draft Budget on 16th December 2015, the Scottish Government announced its intention to introduce a 3% Land and Buildings Transaction Tax (LBTT) surcharge on the acquisition of certain dwellings. This followed an announcement by the UK Government in November of its intention to levy a 3% Stamp Duty Land Tax (SDLT) surcharge on the acquisition of certain dwellings.

5 Step Guide to Buying Residential Property in Scotland  (311.5 KB)
25th January 2016

When looking to purchase a property, it is never too early for a purchaser to organise their finances. It can take a considerable time to pull together all the required papers, whether a purchaser requires mortgage finance or is in the fortunate position of funding the purchase themselves.

5 Step Guide to Selling Residential Property in Scotland  (305.9 KB)
25th January 2016

Since 1st December 2008 most houses or flats which are marketed for sale require the seller to prepare a Home Report and make it available to all potential purchasers. There are some circumstances where a seller does not have to produce a Home Report, such as a private sale where the property has not been placed on the open market.

Terminating a Limited Duration Tenancy  (288.2 KB)
14th July 2015

The first Limited Duration Tenancies (“LDTs”) to be granted will be reaching the end of their 15 year terms from 27th November 2018. The landlords of these first LDTs will need to take steps to terminate these tenancies up to three years before the termination date of the particular tenancy.

New regulations for the carbon and energy performance of non-domestic properties  (289.7 KB)
6th July 2015

In terms of the Climate Change (Scotland) Act 2009, the Scottish Government committed to introduce regulations (1) to assess the energy performance of non-domestic buildings and (2) for owners to take steps to improve the energy performance of such buildings.

The Land Reform (Scotland) Bill 2015  (312.0 KB)
25th June 2015

The Land Reform (Scotland) Bill was introduced to the Scottish Parliament on 22nd June 2015. The Bill is the flagship piece of legislation in the Scottish Government’s multifarious Land Reform programme. According to the Minister responsible for Land Reform, the Bill will “…end the stop start nature of Land Reform in Scotland...”

The Land Reform (Scotland) Bill and Agricultural Tenancies  (314.8 KB)
24th June 2015

The Land Reform (Scotland) Bill (“the Bill”) was introduced on 22nd June 2015 and includes significant proposed changes in the law relating to agricultural tenancies.

Limited Partnership Leases  (289.8 KB)
22nd June 2015

The long-running case of Salvesen v Riddell, determined by the Supreme Court on 24th April 2013, resulted in the passing of remedial legislation intended to “cure” the human rights breach caused by Scottish Ministers in passing a sub-section of the Agricultural Holdings (Scotland) Act 2003.

On the cusp of the second Land Reform (Scotland) Bill  (372.9 KB)
15th June 2015

It’s early summer and the arrival of the long awaited and much publicised Land Reform Bill is imminent. Land Reform is not a new concept in Scotland. It has been quite firmly on the agenda since a programme of reform was first kicked off by Lord Sewel in 1998.

Land Reform: What has happened so far, and what happens next?  (379.9 KB)
15th June 2015

By the end of June, the ground breaking Land Reform (Scotland) Bill will have been laid before the Scottish Parliament. The Bill will implement the Scottish Government’s commitment to change the nature of land ownership in Scotland (both rural and urban), and represents a further building block in the Land Reform programme.

The Land Reform Review Group’s 62 recommendations – where are they now?  (450.0 KB)
15th June 2015

The Land Reform Review Group’s final report (published in May 2014) contained 62 recommendations in relation to Land Reform covering: land registration; succession law; crown property rights; the common good; the community right to buy; housing; taxation; crofting; aquaculture; and deer management, amongst other topics.

Voluntary Registration of Land in the Land Register of Scotland  (314.9 KB)
11th June 2015

The Land Registration etc (Scotland) Act 2012 (the "2012 Act"), brought into force in December 2014, has significantly affected the process of conveyancing in Scotland. An overriding purpose of the Act is to speed up the completion of the Land Register of Scotland...

Registration of Reservoirs  (282.6 KB)
15th April 2015

In 2011, the Scottish Parliament passed The Reservoirs (Scotland) Act 2011 (the 2011 Act) which, once fully enacted, will replace the current regime under The Reservoirs Act 1975 (the 1975 Act). Please refer to our earlier briefing notes on this subject for further details (Reservoirs (Scotland) Act 2011 and Reservoir Safety – Update).

Feed-in Tariffs  (107.5 KB)
14th April 2015

Feed-in Tariffs (FiTs) were introduced by the Department of Energy and Climate Change (DECC) in 2010 with the aim of encouraging private investment in low-carbon electricity generation by providing a guaranteed price for every unit of electricity generated and every unit exported to the grid, avoiding the uncertainties of fluctuating energy prices.

A New Tenancy for the Private Rented Sector  (466.3 KB)
1st March 2015

The Scottish Government’s Consultation on a New Tenancy for the Private Rented Sector (“PRS”) closed in December last year. Following on the responses made to that Consultation and their analysis of those responses, the Scottish Government have issued a Second Consultation.

Agricultural Holdings Legislation Review Group  (370.6 KB)
29th January 2015

The final Report of the Agricultural Holdings Legislation Review Group was published on 27th January 2015. The recommendations contained in the Report are not law, but the Report has been written with a view to addressing the Scottish Government’s concerns regarding the tenanted agricultural sector.

Land and Buildings Transaction Tax  (313.0 KB)
10th November 2014

From April 2015 Stamp Duty Land Tax (SDLT) will be replaced in Scotland by Land and Buildings Transaction Tax (LBTT) which will be the first fully devolved Scottish tax. The relevant legislation can be found in the Land and Buildings Transaction Tax (Scotland) Act 2013, which was passed by the Scottish parliament on 25th June 2013.

The Community Empowerment (Scotland) Bill - The Community Right to Buy and the Land Reform Agenda  (304.3 KB)
1st July 2014

The Scottish Government introduced its long awaited Community Empowerment (Scotland) Bill on 11th June 2014.

Housing Law Update  (302.5 KB)
27th June 2014

During the past year there has been further implementation of the Private Rented Housing (Scotland) Act 2011 (“the 2011 Act”). The following should be noted, in particular.

The Land of Scotland and the Common Good  (325.4 KB)
17th June 2014

The LRRG published its full report on 23rd May 2014. In its conclusion the authors of the LRRG encourage the Scottish Government in taking on board its recommendations to be “radical in its thinking and bold in its action”. Whilst the existing system may not be ideal is the existing system so fundamentally flawed that it requires a “radical” overhaul? We envisage serious problems for the property market and the economic growth of our small country in the event that these recommendations are adopted in full.

Preservation Of Implied Rights To Enforce Title Conditions  (286.2 KB)
13th May 2014

Almost 10 years have passed since the feudal system of land tenure was abolished in Scotland on 28th November 2004. At this point, the majority of the rights enjoyed by feudal superiors disappeared. 28th November 2014, being the 10th anniversary of the abolition of the majority of feudal enforcement rights, is an important deadline in terms of the preservation of certain other rights of enforcement.

Residential leasing – advice to prospective landlords  (299.7 KB)
20th February 2014

The purpose of this note is to highlight some of the main areas of regulation to be borne in mind when considering leasing out residential property.

Salvesen v Riddell (UK Supreme Court)  (286.0 KB)
24th April 2013

The Supreme Court has, this morning, handed down its decision in the case of Salvesen v Riddell and another. The full decision and a Press Summary by the Supreme Court is available here.

Reservoirs (Scotland) Act 2011  (288.3 KB)
13th February 2013

The Reservoirs (Scotland) Act 2011 Act was passed unanimously by the Scottish Parliament on 9th March 2011 and received Royal Assent on 12th April 2011.

The Land Reform (Scotland) Act - Right to Privacy  (291.4 KB)
7th February 2013

The Land Reform (Scotland) Act 2003 (“the Act”) received much attention from the media following royal assent and the subsequent introduction of the Scottish Outdoor Access Code again brought the Act to the forefront of many landowners’ minds.

The Land Reform (Scotland) Act - Access Rights  (311.9 KB)
6th February 2013

The access provisions of the Land Reform (Scotland) Act 2003 (“the Act”) came into force on 9th February 2005. One change to the legislation had already been made by subordinate legislation before that date.

Energy Performance Certificates  (302.5 KB)
31st January 2013

Since 1st December 2008 an Energy Performance Certificate (“EPC”) has been required where a dwelling is sold. Generally, the EPC is produced as part of the Home Report which is required when a dwelling is marketed for sale (on or after 1st December 2008).

The Tenancy Deposit Schemes (Scotland) Regulations 2011  (482.3 KB)
29th January 2013

The Tenancy Deposit Schemes (Scotland) Regulations 2011, which came into force on 7th March 2011, provide that any landlord who is required to register as a landlord in accordance with the Anti-Social Behaviour etc (Scotland) Act 2004 who receives a tenancy deposit must pay the tenancy deposit to an approved scheme, provide certain information to the tenant and ensure that the deposit is held by an approved scheme throughout the tenancy.

Land Reform Review  (309.6 KB)
19th October 2012

The Land Reform Review Group, established by the Scottish Government, issued its call for evidence on 4th October 2012. The consultation process is open until 11th January 2013. The Group intends to issue its first report “outlining proposals that can be implemented relatively promptly” in May 2013. It then proposes to complete its final report, in draft, in December 2013 and submit a final report to the Scottish Government in April 2014. The Land Reform Review Group, established by the Scottish Government, issued its call for evidence on 4th October 2012. The consultation process is open until 11th January 2013. The Group intends to issue its first report “outlining proposals that can be implemented relatively promptly” in May 2013.

Freedom of Contract for Agricultural Leases?  (287.0 KB)
19th October 2012

On 28th September 2012, the Lord President (Lord Gill) and the First Division of the Inner House of the Court of Session issued their opinion in a Special Case concerning the Trust Disposition and Settlement of the late Sir Denis Mortimer Mountain, Bt.

Arrestment of Single Farm Payment  (283.1 KB)
15th October 2012

Arrestment is the procedure whereby a creditor prevents a third party paying over to the debtor sums which the third party owes to the debtor.

Long Leases (Scotland) Act 2012  (293.1 KB)
10th October 2012

The legislation was originally introduced to the Scottish Parliament on 10th November 2010 but ran out of time when the Parliament was dissolved for the Scottish elections in May 2011. It was reintroduced on 12th January 2012 and now has Royal Assent but, the date it comes into effect has not yet been determined.

Long Leases (Scotland) Act 2012  (293.1 KB)
10th October 2012

The legislation was originally introduced to the Scottish Parliament on 10th November 2010 but ran out of time when the Parliament was dissolved for the Scottish elections in May 2011. It was reintroduced on 12th January 2012 and now has Royal Assent but, the date it comes into effect has not yet been determined.

Landlord Registration and Anti-Social Behaviour  (301.0 KB)
17th September 2012

The Anti-Social Behaviour etc (Scotland) Act 2004 (“the Act”) received Royal Assent on 26th July 2004. It provides among other things, for a new registration scheme for people (referred to throughout this note as “Owner(s)”) who lease property to or allow property to be occupied by unconnected third parties.

Repairing Standard  (307.4 KB)
4th September 2012

All landlords of private residential property and agents who deal with the letting of residential property need to be aware of these provisions.

Short Assured Tenancies  (284.8 KB)
4th September 2012

The Short Assured Tenancy was introduced by the Housing (Scotland) Act 1988 and guarantees the landlord vacant possession of his property at the end of the contractual let, provided the correct procedures are followed both at the beginning and at the end of the tenancy. To qualify as a short assured tenancy, a lease must be for a period of at least six months and Notice (in a specified form) must be served on the tenant prior to the creation of the tenancy.

Proposed Community Empowerment and Renewal Bill  (298.2 KB)
28th August 2012

The Scottish Government has issued a consultation paper on the proposed Community Empowerment and Renewal Bill and has invited responses by 26th September 2012. A further consultation is to be held when the draft Bill is produced (anticipated Spring 2013).

The Moonzie Rent Review  (297.2 KB)
28th August 2012

In terms of section 13 of the Agricultural Holdings (Scotland) Act 1991, the Land Court is directed to determine the rent properly payable for the holding, if it were let in terms of the existing lease “in the open market” disregarding “any distortion in rent due to scarcity of lets”.

Land and Property Services  (292.9 KB)
30th April 2012

Turcan Connell represents those with interests in land and property throughout Scotland. Our Land and Property Team, which regularly distributes briefing notes on a broad range of topics, has great experience and the specialisms required to provide a comprehensive service and practical and pragmatic advice.

The Crofting Reform (Scotland) Act 2010  (294.9 KB)
30th April 2012

The Crofting Reform (Scotland) Act 2010 (“the Act”) was passed by the Scottish Parliament on 1st July 2010. The Act is the end product of a process which commenced in 2008 with the Committee of Inquiry into Crofting (“the Shucksmith Committee”) which was followed by a lengthy consultation by the Scottish Government.

Agricultural Holdings Amendment Scotland Bill  (318.8 KB)
24th April 2012

Following the completion of a process of consultation at the end of June 2011, the Agricultural Holdings (Amendment) (Scotland) Bill has now been laid before the Scottish Parliament and it is intended that the Stage 1 process will be completed by the end of March 2012.

Scottish Property - Glossary of Legal Terms  (304.4 KB)
28th March 2012

This Note is intended to provide a short glossary of some of the legal terms and expressions commonly encountered in Scots conveyancing and security transactions and to give a brief summary of some general points relating to Scots "Land Law".

Reservoir Safety  (283.5 KB)
26th March 2012

The Scottish Government have published an analysis of the responses they have received to their Consultation Paper “Reservoir Safety in Scotland – a Consultation Document”, which set out the Scottish Government’s proposals to introduce a more risk based approach to the reservoir safety regime in Scotland.

Salvesen v Riddell  (293.3 KB)
13th March 2012

The decision of the Inner House of the Court of Session in Salvesen v Riddell may bring closure on one issue which has been outstanding since the enactment of the Agricultural Holdings (Scotland) Act 2003. It also has profound implications with respect to wider constitutional issues which are likely to arise in the future, particularly in the context of Scottish independence.

Electronic Tagging of Animals  (283.3 KB)
8th March 2012

The Scottish Government has recently failed in its attempt to achieve concessions to European Regulation 21/2004 (“the Regulation”) and as a result from 1st January 2010 gradual changes to the method of identification of goats and sheep will be introduced to the Scottish farming sector.

The Moonzie Rent Review Appeal - February 2012  (384.3 KB)
13th February 2012

The Inner House of the Court of Session has issued its long awaited opinion on the Moonzie Farm Rent Review Case, which overturns an earlier Land Court decision and has significant implications for landlord/tenant relations.

Controls on Water Abstraction, Impoundment and Engineering Works  (292.7 KB)
21st October 2011

The Water Environment (Controlled Activities) (Scotland) Regulations 2005 (“the Regulations”) brought into force on 1st April 2006 new controls on abstraction, impoundment, engineering works in or near inland waters and revised controls on point source discharges.

Consultation on Agricultural Holdings (Amendment) (Scotland) Bill  (289.5 KB)
20th June 2011

Following the completion of a process of consultation at the end of June 2011, the Agricultural Holdings (Amendment) (Scotland) Bill has now been laid before the Scottish Parliament and it is intended that the Stage 1 process will be completed by the end of March 2012.

The Public Services Reform (Agricultural Holdings) (Scotland) Order 2011  (306.1 KB)
8th April 2011

This statutory instrument, which constitutes the greater part of the product of the work of the Tenant Farming Forum (TFF) since establishment in 2003, came into force on 22nd March 2011.

Climate Change Burden  (295.7 KB)
31st March 2011

Section 68 of the Climate Change (Scotland) Act 2009 adds a new section 46A to the Title Conditions (Scotland) Act 2003 creating a new personal Real Burden known as the Climate Change Burden.

Arbitration Scotland Act 2010  (286.8 KB)
31st August 2010

The Arbitration (Scotland) Act 2010 (“the Act”), which came into force on 7th June 2010, aims to clarify and consolidate the historic Scottish case law and piecemeal statutes governing arbitrations in Scotland within a single uniform piece of legislation.

Beauly-Denny  (287.0 KB)
31st March 2010

Scottish Ministers announced on the 6th of January 2010 that the controversial £350m Beauly to Denny power line upgrade had been approved.