Property Disputes in Scotland

Acknowledging the importance of Scottish property practice to our customers we are incrementally developing a new set of content on Scots property law for Scottish practitioners.

Toolkits

For easy navigation of all relevant Scots content on Lexis+PSL, see:

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Property in Scotland toolkit a research tool collating guidance on key areas of property law that are specifically relevant to Scotland. The toolkit brings together all practical guidance and styles in the Scottish Property topic
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Scotland toolkit a research tool collating guidance on key areas of law that are specifically relevant to Scotland. The toolkit brings together Scots law content from across a number of practice areas and includes links to Practice Notes, Checklists and Q&As as well as legal articles and analysis on legal issues directly affecting Scotland

The experts and market standard

The scope and content of the Property disputes in Scotland topic is being developed in collaboration with the following leading Property experts in Scottish property practice.

Recognising that the Property Standardisation Group (PSG) (in collaboration with a number of other professional bodies including the Law Society of Scotland, the Scottish Property

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Latest Property News

Was the tenant’s intention to return to the property as an owner sufficient to satisfy the ‘tenant condition’ (Hackney London Borough Council v Weintraub)

Local Government analysis: This judgment is another in a string of decisions concerning the interpretation of the tenant condition. The issue in this case was narrower than in previous hearings. Hackney appealed the previous judgment of Mr Justice Zacaroli made in April 2024. Hackney appealed on the basis that an intention to return to the property as an owner cannot satisfy the ‘tenant condition’. The judge in this case disagreed with such an assertion and the appeal was dismissed. There were other elements to the appeal, but those fell by the wayside. The Judge held that the tenancy condition can be satisfied even where the tenant does not intend to return to the premises as a tenant. It was held that there is no suggestion within the legislative provision that a return as a tenant is required. The condition remains satisfied if a tenant intends to return in any capacity, as long as this can be measured and shown against objective ascertained fact. Written by Clive Adams, head of Housing Management at Birketts LLP.

HM Land Registry updates Practice Guides 1 and 8

HM Land Registry (HMLR) has updated two practice guides: Practice Guide 1—First registrations and Practice Guide 8—Execution of deeds.

Property weekly highlights—19 December 2024

This week's edition of Property weekly highlights includes: cases on repudiatory breach of a lease, the Tenant Fees Act 2019 and the right to manage, and a look at the proposed reform of the energy performance in buildings regime and proposed planning reforms.

Mayors to be given greater planning powers under ‘devolution revolution’

Planning analysis: An English Devolution White Paper (the Paper) proposes to give Mayors new development management powers, including the ability to call in planning applications of strategic importance and to charge developers a Mayoral Levy to ensure that new developments come with the necessary associated infrastructure. This analysis focuses on the proposals relating to Mayors’ planning powers under the Paper.