Residential tenancies 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.

Scotland toolkit

The Scotland toolkit is 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. See: Scotland toolkit.

The experts and market standard

The scope and content of the Residential tenancies 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 Federation and the City of London Law Society and

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Latest Property News

Clarification of parties to electronic communications agreement on assignment (AP Wireless v On Tower UK Ltd)

Property Disputes analysis: The Upper Tribunal was asked to decide on appeal whether On Tower UK Ltd, as assignee of three electronic communications agreements created by licence prior to 28 December 2017, had become a party to those agreements on completion of the assignments. It was held that while the assignee had gained the benefit of the licences on assignment (in that they had the benefit of Code rights granted under the agreements), they did not automatically become bound by the burden. Accordingly, in the absence of a covenant to be bound by and perform the obligations of the agreements, they could not be held to have assumed the burden of the agreements and therefore could not be a party to those Code agreements. Written by Daniel Wright, associate at Browne Jacobson LLP.

MHCLG announces £1.5bn plan for neighbourhoods with £100m Welsh allocation

The Ministry of Housing, Communities and Local Government (MHCLG) has unveiled a £1.5bn plan for neighbourhoods, with Wales receiving a £100m share to support community regeneration. The £1.5bn funding programme will support 75 selected communities across the UK. Each designated area will receive up to £20m over a decade, administered through newly established neighbourhood boards comprising residents, businesses and local campaigners. The programme, which supersedes and expands upon the previous long-term plan for towns, enables communities to invest in various initiatives including high street regeneration, community facilities and public services. Areas were selected based on deprivation metrics and healthy life expectancy data. The scheme demonstrates significant devolution of spending control to local level, with communities able to utilise pre-approved interventions and existing statutory powers. Implementation will begin in April 2025, with investment delivery commencing in 2026.

HMLR publishes blog post on easement registration investigation process

HM Land Registry (HMLR) has published a blog post, outlining how caseworkers investigate and process easement registration applications. During the initial investigation, HMLR examines how the land affected by the easement (the servient land), is defined in the deed. The blog emphasises the importance of clearly defining the servient land by direct reference to the relevant title numbers and specifying its extent at the date of the grant. Where definitions are unclear, HMLR may issue requisitions or add a note to the entry, stating that easements are ‘included in the title only in so far as the Transferor has power to grant the same and are capable of subsisting at law at the date of the grant’. The blog also addresses common issues such as restrictions, charges, and leases that affect the grantor's power to grant easements. Additionally, HMLR highlights the importance of properly prepared plans when submitting easement registration applications, advising that easements should be clearly marked on plans using appropriate lines, edging or tinting, with plans to be submitted in full colour and signed by the grantor.

MHCLG publishes White Paper on reformed commonhold model in England and Wales

The Ministry of Housing, Communities and Local Government (MHCLG) has published a White Paper, outlining its proposals for the operation of the reformed commonhold model in England and Wales. The paper responds to the Law Commission's 2020 recommendations on reinvigorating commonhold as an alternative to leasehold ownership and sets out the next steps for establishing commonhold as the default tenure system. MHCLG is also committed to supporting a new Code of Practice on cost apportionment in commonhold and strengthening the regulation of managing agents in England, with a related consultation expected later in 2025. Additionally, it intends to consult on the best approach to banning new leasehold flats to complement a robust ban on leasehold houses. MHCLG also plans to publish a draft Leasehold and Commonhold Reform Bill in the second half of 2025, detailing the legal framework for how reformed commonhold will work.