Andrew Deanshaw

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Water charges: what landlords need to do to avoid being jointly liable with their tenants

Oct 15, 2024 | lexology.com | Andrew Deanshaw |Matthew Farrell

Where a commercial property in Scotland is let to a tenant, the tenant will generally be liable for water charges and the landlord will not. However, landlords can unwittingly become jointly liable with their tenants for water charges unless they take steps to avoid this. What the law saysThe legislation governing water charges says that the occupier of a property, and not the owner, is liable for water charges.
Price reductions: do housebuilders have to tell existing customers?

Mar 27, 2024 | lexology.com | Andrew Deanshaw

A customer reserves a plot on a new build development. Before completion, the housebuilder reduces the price of other plots of the same type at the development. Does the housebuilder need to inform the customer and offer them the same price reduction? This was the question facing the New Homes Ombudsman in a case study it has recently published. The factsThe customer reserved a property at a price of £250,000. Before completion, the developer reduced the prices of four nearby plots by £7,500.
Financial incentives: guidance from the New Homes Ombudsman

Jan 30, 2024 | lexology.com | Andrew Deanshaw |Gareth Hale

A case study recently published by the New Homes Ombudsman Service (NHOS) provides useful guidance for the developers in relation to the marketing of financial incentives. As higher mortgage rates, coupled with the end of the help-to-buy scheme, have affected demand for new build homes, developers have offered a range of incentives to encourage sales.
Snagging: best practice guidance from the New Homes Quality Board

Nov 30, 2023 | lexology.com | Andrew Deanshaw |Gareth Hale

The New Homes Quality Board has published best practice guidance for developers on dealing with snagging. The guidance document - the first in a series of publications from the NHQB on industry talking points – combines the results of customer research with recommendations for housebuilders dealing with snagging issues. This article sets out the report's key findings.
New Homes Ombudsman case study: restrictive covenants and complaint handling

Oct 31, 2023 | lexology.com | Gareth Hale |Andrew Deanshaw

A new case study published by the New Homes Ombudsman Service (NHOS) demonstrates the need for developers to follow through on support they offer to customers. The case study, the second to be published by the NHOS (we wrote about the first one here), also serves as a reminder of the requirements that the New Homes Quality Code (NHQC) imposes on housebuilders' internal complaints processes.
Changes to a new home during construction: rules under the New Homes Quality Code

May 25, 2023 | lexology.com | Andrew Deanshaw |Gareth Hale

What changes can a housebuilder make to the design, construction or materials of a new home without the customer's agreement? For housebuilders who are registered with the New Homes Quality Board, the New Homes Quality Code sets out the rules which apply to changes to a new home during construction. This article covers the main points.
New rules on early bird arrangements under the New Homes Quality Code

Mar 30, 2023 | lexology.com | Gareth Hale |Andrew Deanshaw |Lauren Smith

The New Homes Quality Code introduces various new rules and requirements for housebuilders registered with the New Homes Quality Board. We've already considered a number of areas, including part-exchange schemes and high-pressure selling techniques. Another key change is the new set of rules on "early bird" arrangements.
Lands Tribunal varies title condition to allow care home to operate

Mar 23, 2023 | lexology.com | Gareth Hale |Andrew Deanshaw

Should a title condition be varied to allow a family home to be used as a residential care home for young people? That was the question facing the Lands Tribunal for Scotland in the recent case of Inspire Scotland CC Limited v Wilson & others. The applicationThe case centred around a house in a quiet cul-de-sac in Uddingston. The property was purchased by Inspire Scotland, a residential care home provider. Inspire intended to use the property as a care home for up to three young people.
New rules on part exchange under the New Homes Quality Code

Feb 28, 2023 | lexology.com | Gareth Hale |Calum Macpherson |Andrew Deanshaw |Lauren Smith

Developers will be aware that the New Homes Quality Code implements several new rules and requirements for housebuilders registered with the New Homes Quality Board. We've already considered several areas of the Code in previous articles, including pre-completion inspections and the new complaints procedure. Our next instalment of this series focuses on the new, mandatory requirements for part-exchange and assisted-move schemes.