Scotland
The following issue updates are available for Scotland.
Arrears and possessions in Scotland
26 March 2012 | The Homeowner and Debtor Protection(Scotland) Act 2010 (the 2010 Act) requires all possession cases in Scotland to call into court and requires lenders to comply with pre-action requirements. The impacts of the UK Supreme Court decision in the case of RBS v Wilson which followed the passing of the 2010 Act are also covered.
Automated registration of title to land in Scotland (ARTL)
15 May 2012 | The Registers of Scotland which is the Executive Agency with responsibility for the land register in Scotland plans to introduce an electronic process to register deeds in the land register.This will include security deeds.
Contaminated Land
21 July 2011 | This sets out lenders' current position on contaminated land.
House-buying and selling in Scotland - Reform
1 February 2012 | The Scottish Government has announced plans to reform the house-buying and selling process in Scotland by introducing the home report with effect from 1 December 2008. This will impact on members lending in Scotland and a number of issues to be considered are included for members.
LIFT (formerly HomeStake) - a shared equity scheme operating in Scotland
26 March 2012 | A shared equity scheme known as LIFT (low-cost initiative for first-time buyers) has been introduced in Scotland to assist those on low incomes who wish to buy a house but cannot afford to pay the full price.
Mortgage Rescue in Scotland
26 March 2012 | Provides a summary of the mortgage rescue schemes in Scotland.
Private landlords in Scotland - regulation
26 March 2012 | This policy issue deals with a registration scheme for private landlords which was introduced in Scotland on 30 April 2006. It has implications for landlords, tenants and lenders.
The position of unauthorised tenants in Scotland when their landlord defaults on a mortgage
18 August 2011 | Following the introduction in England and Wales of The Mortgage Repossessions (Protection of Tenants,etc) Act 2010 the Scottish Government reconvened the Repossession Group which had previously looked at the issue of the protections available to mortgage borrowers in Scotland facing possession to consider the position of unauthorised tenancies. The Group considered that there was adequate protection in Scotland but recommended that a decision in the case of Tamouri v Clydesdale Bank should be codified into the law of Scotland. As a result the Scottish Government brought forward amendments to the Housing (Scotland) Bill 2010. This Bill completed its passage through the Scottish Parliament on 3 November 2010.
