MSHB

As a landowner, you may have heard of the term ‘public right of way’ and wondered what it means. A public right of way is an area of land that is open to the public for passage, such as a path or roadway. In some cases, this right of way may be established through legal means, which can be complicated and frustrating for property owners. In this article, we will discuss what public right-of-way claims are and how to prevent them.

In leases, break clauses serve as crucial provisions that provide flexibility for both landlords and tenants. These clauses allow either party to terminate the lease before the expiration of the fixed term, subject to certain conditions and notice requirements.

Miller Samuel Hill Brown is pleased to announce that Miller Samuel Founding Partner and Former Chairman, Michael Samuel, has joined the prestigious ranks of Law Society of Scotland with Honorary Membership. Selected as The Law Society of Scotland’s 20th person to receive Honorary Membership, Michael Samuel is the first person bestowed with life mem

Learning Disability week takes place on 19th-25th June 2023 and provides an opportunity to raise awareness of learning disabilities and celebrate them within our communities. As many may be aware, people with a learning disability often unfortunately battle harmful stigmas every day and can consequently become the victims of many forms of discrimin

The Register of Persons Holding a Controlled Interest in Land (RCI) was launched on the 1 April 2022. This new register, which is managed and maintained by the Registers of Scotland, was established as a result of The Land Reform (Scotland) Act 2016 (Register of Persons Holding a Controlled Interest in Land) Regulations 2021. The overarching goal o

As many may be aware, the Employment (Allocation of Tips) Act 2023 has now received Royal Assent, following its third reading in the House of Commons in January earlier this year. This means that UK employers will now no longer be able to lawfully withhold workers’ tips. This change is predicted to benefit more than 2 million UK workers and means an estimated £200 million a year will be distributed amongst service staff.

We have welcomed my paralegal Ellen Matthews who joined me in 1999 at HBM Sayers as it then was and then worked with me there for more than 20 years until I finally left BLM before my career break.

Glasgow’s Licensing Board has agreed to allow one additional hour from the terminal hour when the UCI Cycling World Championships 2023 takes place in August.

We are delighted to welcome Tracy Dempsey who has joined the Private Client Department as a paralegal. Tracy is a Law Society of Scotland accredited paralegal specialising in Wills, Trusts, Powers of Attorney and Executries.

As landlords and tenants alike will be aware, there has been a temporary ban on rent increases for those subject to a private residential tenancy since September 2022. This was part of the Scottish Government’s emergency response to the ongoing Cost of Living Crisis (The Cost of Living (Tenant Protection) Act). 

The termination of leases in Scotland has been the subject of some discussion and, at times, can cause confusion, specifically the common law doctrine of Tacit Relocation. Tacit Relocation means that a lease will be automatically extended beyond its natural expiry or end date when the appropriate termination notice or notice to quit has not been served by either party.

This month we are delighted to welcome Arlene Dunbar to our Licensing Team as a Paralegal. Arlene joins from Aberdeen City Council where she worked within their Licensing Team for almost 20 years. She brings with her an excellent knowledge of all things licensing and is a well-known face in the licensing community.