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HAR - Legal Guidance

Web pages are no substitute for consulting a properly qualified lawyer but these legal articles have three functions:

* To provide an overview of the law
* To highlight areas of law in each topic where there are pitfalls
* To signpost reliable sites for further research on the Internet

The articles have been written for East Lothian Council by Iain Nisbet, a lawyer with considerable experience of advising on housing law. They reflect his views and not the position of East Lothian Council.This overview was written in 2006, and as the law is constantly evolving it does not reflect changes made since that time.

There are 15 topics arranged alphabetically and you will find them in the box on the right hand side of this page. Below are some useful web links. A listing here does not consitute an endorsement by East Lothian Council.

Data Protection
Data Protection Act 1998
R.Widdison (1998) Data Protection Law: The Key Changes
Information Commisioner
Scottish Information Commissioner
Chartered Institute of Housing (Scotland): Data Protection Act 1998 a Guide for Housing Professionals

Disablity
RNIB - Disability, Discrimination and Housing
Disability Rights Commission
Housing Options - Disability Discrimination

Domestic Violence
Protection from Abuse (Scotland) Act 2001
Fleeing from Violence - Govan Law Centre
Refuges for Women Children and Young People
Scottish Women's Aid

Equal Opportunities
Commission for Racial Equality
Disability Rights Commission
Equal Opportunities Commission
Positive Action in Housing

Health and Safety
Govan Law Centre: EPA aggrieved person procedures

Homelessness
Housing (Scotland) Act 2001
Homelessness etc. (Scotland) Act 2003
Shelter Code of Guidance on Homelessness
Shetler Advice - Scotland
Govan Law Centre: Homelessness and Housing (Scotland) Act 2001
Govan Law Centre: Homelessness case law digest
Shelter Accomodation Projects
Scottish Executive Homelessness Guidance 2005

Human Rights
Human Rights Information and Guidance
Human Rights Act 1998

Landlords Rights and Duties
Landlord registration site (Scottish executive)

Legal System of Scotland
Scottish Courts Service
Scottish Legal Aid Board

Neighbour disputes
Govan Law Centre: legal remedies for neighbour nuisance
Chartered Institute of Housing (Scotland): targeting anti-social behaviour –the use of ASBOs in Scotland
Chartered Institute of Housing (Scotland): Crime and Disorder Act report – a study of the use of evictions and ASBOs in Scotland
Shelter Scotland - Anti Social behaviour
Community Mediation in Scotland Report
SACRO
Scottish Executive HMO Guidance (for local authorities)
Anti-Social Behaviour legislation (Scotland)

Relationship Breakdown
Absolvitor: matrimonial home on divorce

Security of Tenure
Govan Law Centre: eviction of tenants and residential occupiers
Govan Law Centre: Housing (Scotland) Act 2001
Govan Law Centre: defending evictions case law digest

Welfare and Benefits Law
Tenants Rights and Duties
Department for Work and Pensions
Housing Benefit rules and information from the DWP

Tenants Rights and Duties
Shelter - know your rights
Shelter - student renting guide

Further legal information is available in the Chartered Institute of Housing's Standards Manual, which can be found here. The manual covers good practice as well. For copyright reasons it is available only to ELC housing staff.










 









 

 



 

Legal Issues

Housing Topics

 Data Protection (25.0k)
 Disability Discrimination (25.0k)
 Disability Rights (24.0k)
 Domestic Violence (27.0k)
 Equal opportunities (25.0k)
 Health and Safety (25.0k)
 Homelessness (38.0k)
 Human Rights (30.0k)
 Landlord's rights and duties (34.0k)
 Legal System in Scotland (25.0k)
 Neighbour disputes (38.0k)
 Relationship Breakdown (26.0k)
 Security of Tenure (37.0k)
 Welfare and Benefits Law (30.0k)
 Tenant's Rights and Duties (36.0k)

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