Author Archives John

Pitfalls for unwary landlords (2): deposits

December 6, 2014
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by John
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in Property law
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Comments Closed

Under most sorts of residential lease, where a tenant has paid a deposit to their landlord, the landlord must pay the deposit in to one of the approved tenancy deposit schemes, and give the tenant evidence of this as well as some other prescribed information. At the end of the lease if landlord and tenant cannot agree a fair amount to be deducted from the deposit for damage etc., then the dispute is channelled in to an automatic dispute resolution procedure to make the decision.

If a landlord does not put the deposit into a protected scheme, a tenant may apply to the court to make the landlord pay him up to three times the amount of the deposit, among other things.

All landlords entering in to new leases, and all landlords with existing leases (especially those that have been going for a long time) are recommended to check if their deposits are in a protected scheme and, if they are not, to seek advice about whether they need to be paid in.

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Pitfalls for unwary landlords (1): ending a tenancy

December 6, 2014
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by John
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in Property law
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Comments Closed

For most people, ending a tenancy at the end of its term seems like a simple thing, but unwary landlords can make problems for themselves if they do not follow the right procedure. The rules are complicated and vary for different sorts of lease, but the bare minimum requirement is to serve a written Notice to Quit containing certain specified information and giving the right period of notice, and it is safest to have this delivered by a sheriff officer. In some cases other forms need to be served, with their own periods of notice.

If you get one or more of the prescribed steps wrong, if the tenant does not leave when asked, a court may refuse to grant an order for removal, and much money time may be lost while the process is re-started.

It is strongly recommended that all landlords thinking of ending a lease at the end of its term should get advice about exactly what to do and when. Though this may cost some money, it is a lot less than the cost of getting it wrong.

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Why should I have arms of my own?

December 6, 2014
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by John
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in Heraldry
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Comments Closed

Apart from the statutory command that all landowners should have them?

 

  • They are a superb way to express your own identity (arms must be distinct from all others), and also your belonging to a larger community (by referencing other arms in the same family, or referring to your profession or a particular achievement);
  • They are colourful and decorative, whether displayed on a banner, engraved on silver or other metal, incorporated into your home or displayed on headed paper, visiting cards, or the like;
  • They can be passed down to future generations: your eldest son will inherit the arms you have carried, and younger sons will be entitled to carry the same arms with a mark of difference to show their relationship to you, and so on down the generations. Daughters will be able to use your arms while unmarried and, sometimes, to combine them with those of their husbands for future generations.
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Not many people know this

December 6, 2014
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by John
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in Heraldry
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Comments Closed

It is not only individuals that can have arms assigned to them: companies, corporations such as trade bodies or charities, local authorities and other councils can all invest in their own dignified, striking and unique expression of their identities and nationality.

Scotland is unique in having a living and vigorous branch of life and law concerning the bearing of heraldic insignia, backed up by a statutory register of arms, a court (the Lyon Court) to regulate disputes, and a government minister (the Lord Lyon King of Arms) in charge of granting new arms and controlling who is entitled to existing ones. From the 1400s many old laws required landowners to have arms and since 1672 the Lord Lyon has been authorised by statute to give arms to virtuous and well-deserving persons.

When one thinks how much Scottish companies and others spend on branding and corporate design, one wonders why more do not take this relatively simple step.

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Divorce really can damage your health

December 6, 2014
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by John
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in Family law
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Comments Closed

In this Family Dispute Resolution Week, new research has been released by Consensus Collaboration Scotland, commissioned by family law charity Resolution, showing that 15% of respondents said that one or more colleagues had needed to take sick leave as a direct result of a relationship breakdown, and that 14% of respondents had said that separation and divorce had had a negative impact on productivity at work.

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When Children live abroad

December 6, 2014
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by John
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in Family law
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Comments Closed

A recent case before the Court of Session throws up the problems that may face families who live apart in different countries, even where there is at first no family breakdown. The Child Abduction and Custody Act 1985 gives effect in Scots law to the 1980 Hague Convention on the Civil Aspects of Child Abduction. It is meant to give a parent whose child has been wrongfully removed from its home by the other parent a means to return that child to its home jurisdiction so that the courts there can sort out the parents’ disagreement.

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Law of arms #2

November 25, 2014
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by John
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in Heraldry
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Comments Closed

Here is place for a new text. Just write and try different things. Here is place for a new text. Just write and try different things.Here is place for a new text. Just write and try different things. Here is place for a new text. Just write and try different things. Here is place for a new text.

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Heraldry in Scotland

November 25, 2014
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by John
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in Heraldry
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Comments Closed

Here is place for a new text. Just write and try different things. Here is place for a new text. Just write and try different things.Here is place for a new text. Just write and try different things. Here is place for a new text. Just write and try different things. Here is place for a new text.

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Housing & Co

November 25, 2014
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by John
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in Property law
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Comments Closed

Here is place for a new text. Just write and try different things. Here is place for a new text. Just write and try different things.Here is place for a new text. Just write and try different things. Here is place for a new text. Just write and try different things. Here is place for a new text.

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News to Property

November 25, 2014
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by John
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in Property law
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Comments Closed

Here is place for a new text. Just write and try different things. Here is place for a new text. Just write and try different things.Here is place for a new text. Just write and try different things. Here is place for a new text. Just write and try different things. Here is place for a new text.

Just write and try different things:

  • Here is place for a new text.
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  • Here is place for a new text.
  • Just write and try different things.
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