The following Property Disputes practice note Produced in partnership with Gavin Deeprose of DLA Piper provides comprehensive and up to date legal information covering:
Coronavirus (COVID-19): Schedule 1 to the Coronavirus (Scotland) Act 2020 (C(S)A 2020), and C(S)A 2020, s 2 increases the notice period for:
Private Residential Tenancies to six months for all grounds with the exception of the tenant not occupying the let property which will remain 28 days and three months for where:
landlord intends to live in the let property
a member of the landlord’s family intends to live in the let property
the tenant has a relevant conviction
the tenant has engaged in relevant anti-social behaviour
the tenant associates in the let property with a person who has a relevant conviction or has engaged in relevant anti-social behaviour
the landlord is not registered by the relevant local authority under the Antisocial Behaviour etc. (Scotland) Act 2004
the let property or associated living accommodation is in multiple occupation and not licensed under Part 5 of the Housing (Scotland) Act 2006
Furthermore the mandatory grounds of eviction are removed.
Assured and Short Assured Tenancies—service of the AT6 from either two weeks or two months to six months in all cases with the exception of
two months if the notice specifies only Ground 9 in Schedule 5, Part II to the Housing (Scotland) Act 1988 (H(S)A 1988) (tenant will be given alternative suitable accommodation)
three months if the notice specifies any of the following grounds: Ground
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What is rescission of a contract?The remedy of rescission is available to a party whose consent, in entering into a contract, has been invalidated in some way:•the effect of rescinding a contract is to extinguish it and restore the parties to their pre-contractual positions•the main grounds of
ContractWhere a contract is made by two or more parties it may contain a promise or obligation made by two or more of those parties. Any such promise may be:•joint•several, or•joint and severalWhether an undertaking is joint, several, or joint and several in contract is a question of construction
On the disposition of a property (whether by way of conveyance, transfer or charge), the party making the disposition will normally provide a title guarantee which implies standard form covenants for title. A landlord may give a title guarantee when granting a lease, but this is rare in practice.
This Practice Note considers the doctrine of forum non conveniens, also referred to as the appropriate forum or the proper place for a dispute to be determined. This doctrine is of relevance when determining whether the courts of England and Wales have jurisdiction to hear a dispute and is applied
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