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Proposals for register of beneficial owners of foreign entities owning UK real estate

On 5 April 2017 the UK Government published a consultation (or "call for evidence") on proposals for a new beneficial ownership register for overseas companies and other legal entities owning UK real estate. The consultation...more

Scottish Government publishes consultation on model form of new private residential tenancy

The Scottish Government has published a consultation paper seeking views on secondary legislation and further policy to support the new private residential tenancy being introduced under the Private Housing (Tenancies)...more

Scotland: The Assessment of Energy Performance of Non-domestic Buildings Regulations 2016 - Buildings on the market before 1...

The Assessment of Energy Performance of Non-domestic Buildings (Scotland) Regulations 2016 come into effect on 1 September 2016. From that date, owners of pre 2002 non-domestic buildings or "building units" in Scotland with a...more

Guidance for building owners on the Energy Performance of Non-domestic Buildings (Scotland) Regulations 2016

The first batch of general and technical guidance notes on the Energy Performance of Non-domestic Buildings (Scotland) Regulations 2016 ("the Regulations") was published on 23 May and is now available on the Building...more

Scottish Government announces plans for Rental Income Guarantee scheme for the PRS

In a welcome move for the property industry, a "market engagement" paper has been published setting out proposals for a Rental Income Guarantee scheme (RIGS) which, if implemented, will see the Scottish Government sharing a...more

Purpose built student accommodation (PBSA) to be exempt from Private Housing (Tenancies) (Scotland) Bill

On 3 February the Scottish Government published their response to the Infrastructure and Capital Investment Committee’s Stage 1 report on the Private Housing (Tenancies) (Scotland) Bill. The report contains the following...more

Dilapidations: The landlord strikes back

A trilogy of cases over recent years have established that tenants will only have to pay dilapidations if the landlord can satisfy them, or alternatively the court, that it intends to carry out the necessary repairs. However,...more

1/26/2016  /  Commercial Leases , Scotland , UK

New regulations will oblige owners of buildings in Scotland to improve or report on energy efficiency of buildings

Section 63 of the Climate Change (Scotland) Act 2009 provides for regulations to be made for: (1) the assessment of the energy performance of existing non-domestic buildings and greenhouse gas emissions from such buildings;...more

Security of Tenure for Students in Scotland?! Have Your Say…But Time is Short!

The Private Housing (Tenancies) (Scotland) Bill was introduced in the Scottish Parliament on 7 October 2015. The Bill introduces a new tenancy (called the "private residential tenancy") for all future private sector tenancy...more

Real Estate Update: Rent Control Measures in the Private Housing Tenancies (Scotland) Bill

The Private Housing Tenancies (Scotland) Bill was introduced to the Scottish Parliament on 7 October 2015. In the consultations which preceded the Bill, the possibility of the introduction of rent controls was the most...more

Case update Scotland: Retail park - whether tenant withholding consent to further development by landlord was reasonable

Aviva Investors Pensions Ltd v McDonald's Restaurants Ltd [2014] CSOH 009A: 31 January 2014 - Introduction - In this case, which was heard in the Outer House of the Court of Session, the judge (Lord Malcolm)...more

2/12/2014  /  Consent , Landlords , Tenants , UK

LBTT: A new Scottish property transactions tax

SDLT is to be replaced in Scotland by a new tax known as the Land and Buildings Transaction Tax ("LBTT"). LBTT is being introduced under the Land and Buildings Transaction Tax (Scotland) Act 2013, and will come into effect on...more

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